Loading...
232-Seaboard System RailroadForm 3530-Sheet 1 Revised Sept. 1984 RE-82135 5WB1007851 29 THIS AGREEMENT, Made this 7th day of October, 1985, by and between the SEABOARD SYSTEM RAILROAD, INC., a Virginia corporation, hereinafter referred to as Licensor, and the CITY OF SANFORD, FLORIDA, a municipality, whose address is P. O. Box 1778, Sanford, Florida 32771, hereinafter styled Licensee, WITNESSETH: That Licensor, for and in consideration of the sum of One Dollar to it in hand paid by Licensee, the receipt of which is hereby acknowledged, and of the covenants and agreements hereinafter made and contained on the part of the Licensee to be kept and performed, hereby grants unto Licensee, insofar as its title enables it so to do, the right or license to install and maintain, for the purpose of conducting raw sewage, a line of 18-inch PVC pipe, encased in a 30-inch steel pipe, across the right of way and under trackage of Licensor at or near TAVARES (SANFORD); FLORIDA, at a point 2,500 feet northeastwardly measured along the center line of Licensor's main track from Milepost AU-769, as shown in green on print of Licensee's Drawing attached hereto and made a part hereof; other details and data pertaining to said pipe, including the method of installation end,he minimum depth of placement thereof which must be adhered to, being as indicated on Application Form dated July 22, 1985, also attached hereto and made a part hereof. And Licensee hereby covenants and agrees in consideration thereof: 1. Licensee shall install and maintain said pipe at its expense in a manner satisfactory to the Division Engineer of Licensor and so as not to interfere with pipe or other structures now in place. In the event the said pipe shall require repair or renewal, Licensee shall make such repair or renewal at its expense; and upon the failure of Licensee so to do, the said Division Engineer of Licensor shall give written notice to Licensee, and upon the failure of Licensee to make repair or renewal within thirty (30) days after such notice, Licensor may make all necessary repair or renewal at the cost of Licensee, which cost Licensee hereby agrees to pay on demand. 2. Licensee shall install and maintain, above ground and in a manner and at such locations as may be designated by said Engineer of Licensor, markers to plainly indicate the location, depth at which installed and ownership of said pipe. Licensee will, at its expense, at any time, upon thirty (30) days' written notice given by Licensor, change and alter the location of said pipe to conform to any changes or improvements that may be made by Licensor in its tracks or roadway at said location, or to permit the utilization of Licensor's right of way, or other lands, for the construction of tracks, buildings, other structures or facilities. 3(a). Licensor shall not be responsible in any manner for loss of or damage to said pipe and the contents thereof from any cause whatsoever; and Licensee shall and does, insofar as it legally may, hereby assume, and agrees to indemnify and hold harmless the Licensor, its successors and assigns, from and against all loss, costs, expenses, including attorneys' fees, claims, suits and judgments whatsoever in connection with injury to or death of any person or persons or loss of or damage to property caused by or in any way connected with the installation, maintenance, use or presence of said pipe and appurtenances on said premises, howsoever caused. · ~ " '~ ~' ~ Form 3530-Sheet 2 Revised Sept. 1984 (b). Any provision herein to the contrary notwithstanding, Licensee agrees, insofar as it legally may, to indemnify and hold harmless Licensor from all claims, costs and expenses (including 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 the grant of this indenture or any supplements thereto regardless of the location or proximity of such pollution to the demised premises; and for any claim or liability arising under federal or state law dealing with the pollution of air, water, land and/or ground water. (c). Ail obligations of the Licensee under this agreement to release, indemnify and hold harmless the Licensor shall also extend to officers, agents and employees of the Licensor, and to companies and other legal entities that control, are controlled by, are subsidiaries of, or are affiliated with, the Licensor, their respective officers, agents and employees. 4. Licensee will pay to Licensor, on bills rendered by Licensor, the full amount of all costs and expenses which may be incurred by Licensor in protecting its track or tracks and maintaining traffic thereover by driving piling or by other means while said pipe is being placed thereunder, or during any repair, renewal, relocation or removal of said pipe. 5. It is expressly understood and agreed that Licensee shall be prohibited, incident to the installation and/or maintenance of said pipe on Licensor's property, from using explosives of any type without the express written consent of Licensor; in the event such consent is extended, a representative will be assigned by Licensor to protect Licensor's interests and Licensee, in addition to all other costs to be borne by Licensee as herein set forth, shall reimburse Licensor for the entire cost and expense of furnishing said representative. 6. In consideration for the right or license hereby granted, Licensee hereby agrees that the Licensor shall not at any time or in any manner be assessed with the cost or any part of the cost of the installation and maintenance of said pipe and appurtenances thereto on Licensor's property. 7(a). During the installation of said pipe, the Licensee shall furnish (or require its contractor to furnish) the Licensor a Certificate of Insurance showing that the Licensee (or its contractor) carries liability insurance applicable to the job in question (evidencing said applicability by a contractual liability endorsement stating that the insurance is applicable to the obligations assumed by the Licensee under the agreement with Licensor) in the amount of $2,000,000.00 for all personal injuries, death, or property damage, per occurrence arising during the policy period. (b). The Licensee shall furnish certificates of insurance evidencing the above coverage and the form of the policy (or policies), the carrier and the amount of the coverage shall be subject to the prior approval of the Licensor. Such insurance shall contain a contractual liability endorsement which will cover the obligations assumed under this agreement and such other endorsement or endorsements as, in the opinion of counsel for the Licensor, may be necessary or advisable to fully protect and indemnify the Licensor. In addition, such insurance shall contain notification provisions whereby the insurance company agrees to give thirty (30) days' notice to the Licensor of any change or cancellation of the policy. All of these endorsements and Form 3530-Sheet 3 Revised Sept. 1984 notice provisions shall be stated on the certificate of insurance which is to be provided to the Licensor. Provided, however, that notwithstanding any of the provisions of this agreement with respect to insurance, it is understood and agreed that the liability assumed by the Licensee shall not be limited to the insurance coverage stipulated herein. 8(a). Licensee will pay to Licensor, on bills rendered by Licensor, the full amount of all cost and expense (including, but not limited to, the expense borne by Licensor for furnishing, if deemed necessary by Licensor, a Foreman-Inspector and/or other representatives of Licensor to protect its roadway, signal cables and other property at the location described herein) which may be incurred by Licensor in removing, replacing and/or protecting said track and maintaining traffic thereover by driving piling or by other means while said pipe is being installed thereunder, or during any repair, renewal, relocation or removal of said pipe. (b). In addition to the cost and expense to be borne by Licensee as referred to in paragraph (a), next above, or any other provision hereof, Licensee shall pay to Licensor a non-refundable sum of $600.00 (receipt whereof is hereby acknowledged) to cover the cost to Licensor of resurfacing said track Until proper compaction of Licensor's roadbed is obtained after the initial installation of said pipe. 9. In addition to all other considerations mentioned herein, Licensee agrees to pay to Licensor the sum of $287.50 (receipt whereof is hereby acknowledged) to cover Licensor's risks and costs in preparing this agreement and permitting the utilization of Licensor's property for the installation of the pipe described herein. Should said pipe not be installed, for any reason whatsoever, Licensor shall refund to Licensee $187.50 of the aforementioned $287.50 fee. It is understood and agreed that this agreement shall not be binding until it has been authorized or ratified by a proper ordinance or resolution of the City Council of the City of Sanford, Florida, a certified copy of which ordinance or resolution is attached hereto and made a part hereof. IN WITNESS WHEREOF the parties hereto have executed this agreement in duplicate the day and year first above written. Witnesses for Licensor: ~nesses for Licensee: SEABOARD SYSTEM RAILROAD, INC.: By ~/z~f,~3Z_____ (L.S.) As xts CITY OF SANFORD, FLORIDA: Form 3530-Sheet 4 Revised Sept. 1984 Extracts from minutes of meeting of the City Council of the City of Sanford, Florida, held on the 28th day of October , 1985. RESOLUTION NO. 1426 Be it resolved by the City Council in regular meeting assembled that the Mayor of said City be, and he hereby is, authorized to enter into an agreement with the SEABOARD SYSTEM RAILROAD, INC., and to sign same on behalf of said City whereby said Railroad grants unto said City the right or license to install and maintain that certain 18-inch PVC raw sewage pipeline crossing beneath its trackage near Tavares (Sanford), Florida, as more particularly described in said agreement dated October 7, 1985, a copy of which is filed with the City Council. I certify the above to be a true and correct copy. 7455 SBD m,~.lC~ZON ~'~ PZPZ LI~ CZOSSZ~/~ O~ m~mW=S ~ ~ Pla~ for proposed ln~tsllation shall be sub~-,itted to end ,,-.et the approval of the ~tl- ro~ C~p~y ~fore correction &~ ~un. ~erial and installation are to ~ la strict ~cco~ance ~ith ~pecif~ca~lons of the ~rican ~llway Engi~ering Ass~lati~ a~ ~qu~nts of ~ ~aboard System ~llroad. ~igl~l and ~lve (12) c~ies of Chis fo~ shall ~ su~it~ed, ~cc~panied by ~lve (12) lettersize prints of a dra~ing sh~i~ plan, elevation section of croo~l~ fr~ field lu~ey, l~ation in res~ct to Hile Post, width of ~ilroad's rl~t of ~ay, l~ation of edjacen~ st~cture* affectl~ crossi~, a~ all infomtion ~quired In Fl~s 1 and 2 of ~ S~cific, tlo~, ~art 5 - Pi~li~s. If o~n cuttl~ or tunnelint il ~ce~ details of ,hee-tl~ and ~th~ of lupportiuS tracks 0r ~eivl~ t~l ih~1.1 ~ 1. Correct N~ of Applicant.. City of Sanf0rd 2. Post Office Address P.O. Box 1//8, Sanford, FL 3. Partnership - N~ and initials all partners, wo~n - given and surpass before ~arr~ge and present N/A &. If incorporated, nan~ of s~ate in ~ich incorporated ~. ~tion 2500 fee~ N.E. (Direction) fr~ ~arest ~ Hile Post AU769 VS 6. ~a~t hilr~d Station ~anford Coun~X Seminole StateFlori~ 7. Within l~tcs of ~bltc ~i~vay n~ W. 4th Street Fed-Sta~e-C~n~y No. N/A 8. Te~orary ~rack suppor~ or riprappi~ relui~d ( ) ~es ( 9. Wires, poles, obstructions to be relocated ( ) Yes (X) No Describe .. 10 Product to be conveyed Raw Sewagm 11. Nax. Workin~ pressure 0 PSI. 12. Location of shut-off valves N/A Fl--.--bls ( ) Yes (X) Field test pressure 150 No, Temperature PSI, Type test 13. PIPE SPECIFICATIONS: Naterial lla~erial Specifications and Grade Minimum Yield Strength of Haterial PSI }till T~st ~ssu~ PSI Insi~ Dl~ tar ~all ~lc~ss ~tside Dieter ~ of ~ li~ of Joints To~al ~h within ~ R~ ~: ~r ~/A one end CARKI~'R PIPE ..CASING PIPE PVC Steel ASTM F679~PS46 ASTM A139, GRADE B N/A 35.000 min, N/A N~A 17,629" 30" 0,536" 0.406" '!8,701" 30_Sl?" ~t/l Nf~ 12.5 ft. 64 ft~ Rubber Gasket Push-On Nelded 100' 100' Hgt. abov~ ground BEVY: Base of rail to top of casing BURY: (Not beneath tracks) BURY: (Roadway ditches) ~AT~IC P~OTECTION: ( ) Yes (X) No FitOTECTrVE COATII~: (X) Yea ( ) No Kind Type, size and spaciu~ of insulators or supports ~ethod of Installation Open C~t, ft. ~ in. ft. 0 in. ft. , 0 in. 30 MIL Coa}-Tar Lininq See Attached Detail If application is approved, applicant agrees to reimburse the Railroad for any coat incurred by the P. ailrcad incident to installation, ~sintenance, and/or supervision necessits~ed by this pipe line installation, and furtber agrees to ass,t-- all liability for accidents or injuries which arise as a result of this installation. Should open cut installation be required · non-refundable charge of $ will be required to resurface tracks. SmUlOH pue JelJodL~ 'u.llquoo RAILROAD CROSSING DETAI Conk#n, ~Porter end Holmes CITY OF SANFORD SEWER SYSTEM REHABILITATION CPH JOB No. S0602.08 Form 3530-Sheet 1 Revised Sept. 1984 RE-82137 6WB1007851 29 THIS AGREEMENT, Made this 8th day of October, 1985, by and between the SEABOARD SYSTEM RAILROAD, INC., a Virginia corporation, hereinafter referred to as Licensor, and the CITY OF SANFORD, FLORIDA, a municipality, whose address is P. 0. Box 1778, Sanford, Florida 32771, hereinafter styled Licensee, WITNESSETH: That Licensor, for and in consideration of the sum of One Dollar to it in hand paid by Licensee, the receipt of which is hereby acknowledged, and of the covenants and agreements hereinafter made and contained on the part of the Licensee to be kept and performed, hereby grants unto Licensee, insofar as its title enables it so to do, the right or license to install and maintain, for the purpose of conducting raw sewage, a line of 18-inch PVC pipe, encased in a 30-inch steel pipe, across the right of way and under trackage of Licensor at or near TAVARES (SANFORD), FLORIDA, at a point 1,600 feet northeastwardly measured along the center line of Licensor's main track from Milepost AU-769, as shown in green on print of Licensee's Drawing attached hereto and made a part hereof; other details and data pertaining to said pipe, including the method of installation and the minimum depth of placement thereof which must be adhered to, being as indicated on Application Form dated July 22, 1985, also attached hereto and made a part hereof. And Licensee hereby covenants and agrees in consideration thereof: 1. Licensee shall install and maintain said pipe at its expense in a manner satisfactory to the Division Engineer of Licensor and so as not to interfere with pipe or other structures now in place. In the event the said pipe shall require repair or renewal, Licensee shall make such repair or renewal at its expense; and upon the failure of Licensee so to do, the said Division Engineer of Licensor shall give written notice to Licensee, and upon the failure of Licensee to make repair or renewal within thirty (30) days after such notice, Licensor may make all necessary repair or renewal at the cost of Licensee, which cost Licensee hereby agrees to pay on demand. 2. Licensee shall install and maintain, above ground and in a manner and at such locations as may be designated by said Engineer of Licensor, markers to plainly indicate the location, depth at which installed and ownership of said pipe. Licensee will, at its expense, at any time, upon thirty (30) days' written notice given by Licensor, change and alter the location of said pipe to conform to any changes or improvements that may be made by Licensor in its tracks or roadway at said location, or to permit the utilization of Licensor's right of way, or other lands, for the construction of tracks, buildings, other structures or facilities. 3(a). Licensor shall not be responsible in any manner for loss of or damage to said pipe and the contents thereof from any cause whatsoever; and Licensee shall and does, insofar as it legally may, hereby assume, and agrees to indemnify and hold harmless the Licensor, its successors and assigns, from and against all loss, costs, expenses, including attorneys' fees, claims, suits and judgments whatsoever in connection with injury to or death of any person or persons or loss of or damage to property caused by or in any way connected with the installation, maintenance, use or presence of said pipe and appurtenances on said premises, howsoever caused. Form 3530-Sheet 2 Revised Sept. 1984 (b). Any provision herein to the contrary notwithstanding, Licensee agrees, insofar as it legally may, to indemnify and hold harmless Licensor from all claims, costs and expenses (including 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 the grant of this indenture or any supplements thereto regardless of the location or proximity of such pollution to the demised premises; and for any claim or liability arising under federal or state law dealing with the pollution of air, water, land and/or ground water. (c). Ail obligations of the Licensee under this agreement to release, indemnify and hold harmless the Licensor shall also extend to officers, agents and employees of the Licensor, and to companies and other legal entities that control, are controlled by, are subsidiaries of, or are affiliated with, the Licensor, their respective officers, agents and employees. 4. Licensee will pay to Licensor, on bills rendered by Licensor, the full amount of all costs and expenses which may be incurred by Licensor in protecting its track or tracks and maintaining traffic thereover by driving piling or by other means while said pipe is being placed thereunder, or during any repair, renewal, relocation or removal of said pipe. 5. It is expressly understood and agreed that Licensee shall be prohibited, incident to the installation and/or maintenance of said pipe on Licensor's property, from using explosives of any type without the express written consent of Licensor~ in the event such consent is extended, a representative will be assigned by Licensor to protect Licensor's interests and Licensee, in addition to all other costs to be borne by Licensee as herein set forth, shall reimburse Licensor for the entire cost and expense of furnishing said representative. 6. In consideration for the right or license hereby granted, Licensee hereby agrees that the Licensor shall not at any time or in any manner be assessed with the cost or any part of the cost of the installation and maintenance of said pipe and appurtenances thereto on Licensor's property. 7(a). During the installation of said pipe, the Licensee shall furnish (or require its contractor to furnish) the Licensor a Certificate of Insurance showing that the Licensee (or its contractor) carries liability insurance applicable to the job in question (evidencing said applicability by a contractual liability endorsement stating that the insurance is applicable to the obligations assumed by the Licensee under the agreement with Licensor) in the amount of $2,000,000.00 for all personal injuries, death, or property damage, per occurrence arising during the policy period. (b). The Licensee shall furnish certificates of insurance evidencing the above coverage and the form of the policy (or policies), the carrier and the amount of the coverage shall be subject to the prior approval of the Licensor. Such insurance shall contain a contractual liability endorsement which will cover the obligations assumed under this agreement and such other endorsement or endorsements as, in the opinion of counsel for the Licensor, may be necessary or advisable to fully protect and indemnify the Licensor. In addition, such insurance shall contain notification provisions whereby the insurance company agrees to give thirty (30) days' notice to the Licensor of any change or cancellation of the policy. All of these endorsements and '' '' ~"~ ~ Form 3530-Sheet 3 Revised Sept. 1984 notice provisions shall be stated on the certificate of insurance which is to be provided to the Licensor. Provided, however, that notwithstanding any of the provisions of this agreement with respect to insurance, it is understood and agreed that the liability assumed by the Licensee shall not be limited to the insurance coverage stipulated herein. 8(a). Licensee will pay to Licensor, on bills rendered by Licensor, the full amount of all cost and expense (including, but not limited to, the expense borne by Licensor for furnishing, if deemed necessary by Licensor, a Foreman-Inspector and/or other representatives of Licensor to protect its roadway, signal cables and other property at the location described herein) which may be incurred by Licensor in removing, replacing and/or protecting said track and maintaining traffic thereover by driving piling or by other means while said pipe is being installed thereunder, or during any repair, renewal, relocation or removal of said pipe. (b). In addition to the cost and expense to be borne by Licensee as referred to in paragraph (a), next above, or any other provision hereof, Licensee shall.pay to Licensor a non-refundable sum of $600.00 (receipt whereof is hereby acknowledged) to cover the cost to Licensor of resurfacing said track until proper compaction of Licensor's roadbed is obtained after the initial installation of said pipe. 9. In addition to all other considerations mentioned herein, Licensee agrees to pay to Licensor the sum of $287.50 to cover Licensor's risks and costs in preparing this agreement and permitting the utilization of Licensor's property for the installation of the pipe described herein. Should said pipe not be installed, for any reason whatsoever, Licensor shall refund to Licensee $187.50 (receipt whereof is hereby acknowledged) of the aforementioned $287.50 fee. It is understood and agreed that this agreement shall not be binding until it has been authorized or ratified by a proper ordinance or resolution of the City Council of the City of Sanford, Florida, a certified copy of which ordinance or resolution is attached hereto and made a part hereof. IN WITNESS WI{EREOF the parties hereto have executed this agreement in duplicate the day and year first above written. Witnesses for Licensor: &e ses for Licensee: SEAB~S~M RAILROAD, INC.: By I/~-~/~/~-~_~ -- (L.S.) As ils: -/ v- CITY OF SANFORD, FLORIDA: Atte . SEAL) ~ ~:~l'erk ~,/ Fo~m3$30-Sheet & Revised Sept. 198& ~xtracts from minutes of meetinS of the City Council of the City of Sanford, Florida, held on the 28th day of October , 1985. RESOLUTION NO. 1425 Be it resolved by the City Council in regular meeting assembled that the Hayor of said City be, and he hereby is, authorized to enter /nto an agreement with the SEABOARD SYSTEM RAILROAD, INC., and to sisn same on behalf of said City whereby said Railroad grants unto said City the right or license to install and maintain that certain 18-inch PVC raw sewage pipeline crossing beneath its trackage near Tavares (Sanford), Florida, as more particularly described in said agreement dated October 8, 1985, a copy of which is filed with the City Council. I certify the above to be a true and correct copy. Plans for proposed installation shall be sub~itted to and m~et the approval of the road Co~pany ~fore co~t~ction i~ ~gun. ~teriel and installation are to ~ In strict of ~ ~s~a~ System ~llroad. ~igi~l a~ ~lve (12) c~ies of this fo~ shall ~ su~itted, acc~panied by ~lve (12) lettersize prints of a drewin~ sh~i~ plan, elevation section of crossl~ fr~ field eu~ey, l~ation in ~s~ct to Nile Post, width of ~ilrosd's ri~t of way, l~atton of adjacent st~ctures affectl~ crossly, aM all info~tion ~uired In Ft~s 1 and 2 si ~ S~cificatio~, Part 5 - Ptpeli~s. If o~n cutti~ or tunnelinE ie ~cessa~, detaile~of sheeti~ a~ ~th~ of supportin~ track~ or drivi~ t~l shall ~. Cor~ct N-~ of Applicant C~ty 0f Sanf0rd 2, Post Office ~dress P.O. 50~ J778, Sanford~ FL 3, Fart~rship N~ and initials all part, rs, w~n - given a~ sum---s ~fore ~rr~ge e~ presen: N/A i. If tnco~ora~d, ~ of s~:e in ~lch incorporated N/A ~ton !600 fee: N.~. (Direction) fr~ ~ares~ ~ ~tle Pos: AU769 VS ~a~s~ ~ilr~d S~a~lon Sa~f0rd County Semin0]e S:a:e F10~da, 6. 7. 8. Within limits of public hi~hvay va--* ,,, 6th Street T~mporary track support or riprappin$ required ( ) ... Fed- Sts re-'County No. Yes (×) No - Describe 9. Wires, poles, obstructions to be relocated ( ) Yes (X) No Describe N/A 10 Product to be conveyed Raw sewa,~e ; 11. Hax. Workin~ pressur~ 0 PSI. 12. Lo~ation of shut-off valves , N/A Flammable ( ) Yes (X) No. Temperature ....... Field test pressure 150 PSI. Type test' 13. 14. PIPE SPECIFICATIONS: )tater/al N~erial Specifications and Grade Mlu~ Yield St~th of ~terial ~11 ~st ~Isu~ PSI Insi~ Dl~r ~all ~tside Dieter ~ of ~ Ki~ of Joints one end CARRIER PIP£ .CASING PIPE PVC steel ASTM F679- PS4~ ASTM A139, GRADE N/A ~:nnn min N/A N/A 17,6~9" . 0.536~ 0.406" N/A .,, 12.5 ft. 64 fl, Ruhh~r Ga~kmt Push-0~ Neld~d 71' 60' R~t. above ground B~Y: Base of rail Co top of casin~ 5 ft. 6 BU~Y: Slot beneath tracks) ..... 5 ft. 0 BURY: (Roadway ditches) ... 5 ft. .,. 0 CATRODIC I~OTECTION: ( ) Yes (X) No ~CT~ C~T~: (X) Yam ( ) No Ki~ 30 MIL C0al-Tar Linin~ ~, mime and spaci~ of i~ulmtorm or supports See ~ttached detail, ~th~ of ~m:allat%on Open Cut. in. in. in. If application is approved, applicant agrees to reimburse the Railroad for any cost incurred by the Railroad incident to installation, ~sintenance, and/or su~ervtsion necessitated by this pipe line inotallation, and further agrees to assume all liability for accidents or injuries ~aich arise as a result of this' installation. Should open cut installatio~ be required · non-r~undable charge of $ viii be require{ to resurface tracks. / ate ' and ale of Of ice Sig l plicat o: 90'~090S 'ON i]OP HdO NOIIYIlllSVH:I~ iN:ilSAS OldOdNV$ dO AJ. IO · eWIOH pu~l J®l.~odU 'UlllUOO 1~ ~NISSOI:IO avou'uvu