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HomeMy WebLinkAboutCSX Lease Agreement Amendment -1997 07 30 - · csx: ~ORTATION S. W. Bazar Direc'tor-Property Services 500 Water Street Jacksonville, FL 32202 FAX (904) 359-3665 NOTICE OF LEASE/AGREEMENT AMENDMENT WINTER SPRINGS, CITY OF 1126 E. STATE ROAD 434 WINTER SPRINGS, FL 32708 Re: Contract No. SBD 009708, File No. RE 083019 June 19, 1997 GENTLEMEN: Reference is made to agreement SBD 009708, dated 02/26/86, between WINTER SPRINGS, CITY OF and CSX Transportation, Inc. or former railroad companies which are now known as CSX Transportation, Inc., covering SEWER PIPELINE located at GARDENA in SEMINOLE County, FL. Since this agreement was executed, CSX Transportation, Inc. has experienced a significant increase in contract maintenance and administrative costs. Furthermore, CSX Transportation has incurred a contingent liability by permitting others to occupy the railroad right-of-way. Accordingly, CSX Transportation, Inc. wishes to amend the referenced Agreement to c~ver these increased costs by changing the existing annual r..=ntal of $50.00 to a new annual rental of $100.00 effecti ve 05/01/98. This is not a present notice or request for payment. The amended fee will be due upon the next payment date. Please indicate your acceptance of the foregoing by having the duplicate of this letter executed and returned to me as soon as possible. Should you have any questions, please contact my office at (904) 366-4539. Very truly yours, _ ~e~~ Acknowledged This ~ Day O~J,~ ' 19 J2 By: ;f?/ZJ/lI.I6f/ V #?_____===_= , C/ Printed Name & Title: ~Il/ A ,p7 Iv! fi1 (L C 14-1 ()~ 6 c , 7' , ,nA;'"t/ ,4 (:A. (! ;f' cc: Archivist-J440, Bill Clerk-J180, EWM:RUI wi CITY OF WINTER SPRINGS, FLORIDA Ronald W. Mclemore City Manager 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 July 14, 1997 S.W. Bazar Director, Property Services C.S.X. Transportation 500 Water Street Jacksonville, FL 32202 Dear Mr. Bazar: Reference to your letter of June 19, 1997, please be advised that we do not have an executed copy of Contract No. SBD 009708, File No. RE 083019 on file. Please forward a copy of an executed copy of the agreement for our review. Upon receipt of the document we will respond appropriately. Sincerely, (( v-Jf/()M/~ Ronald W. McLemore City Manager R WM/jp - ---~- --- -'- .- ,_. --.. --,- /..CCC .-)T"~(.~(":E ~'l /., '~r:.: '.. CSXT Form 3065-Sheet 1 May 1990 RE-83018 & 83019 ADMIN\210166B.BWY ASSIGNMENT OF AGREEMENTS FOR VALUE RECEIVED, SEMINOLE UTILITY COMPANY,~ a Florida corporation, hereinafter referred to. as "Assignor," does hereby assign, set over, and transfer, effective ~ 2" J /q q 0 ,to CITY OF WINTER SPRINGS, FLORIDA, whose mailing address is 1126 East State Road 434, Winter Springs, Florida 32708, hereinafter referred to as "Assignee," all right, title and interest of Assignor in the leases, licenses or agreements with Seaboard System Railroad Inc., now known as CSX TRANSPORTATION, INC., hereinafter referred to as "Lessor," listed on "Schedule A" attached hereto, covering the property or rights therein set forth, hereinafter referred to as "Agreements." Assignor discharges Lessor from any and all past and present claims and obligations pursuant to said Agreements, to the Effective Date of this Assignment, and releases all future rights therein against Lessor. I Further, by this Assignment and Consent, Assignor is removed from all liability on the Agreements as of the Effective Date hereof, and Lessor shall have rights against Assignee only. WITNESS the hand(s) and seal(s) of Ass!gnor(s) as of the Effective Date above. ASSIGNOR: SEMINOLE UTILITY COMPANY~C:-- r'" Q1 . -'L "-.- . By \~.:~ r~ C:~~ Title: J) ~\ ._. .. T .I\_~~l _(SEAL) J JL~" 11;1\1 -{ < 'L .'-" .,( .... ",~ . " "'- --- -wo,o, l - -.-~"__,r .- " ., - "~ , ACCEPTANCE BY ASSIGNEE In consideration of the foregoing Assignment, ASSIGNEE hereby assumes and covenants and agrees to be bound by, carry out, perform, observe and abide by, all the terms, obligations and conditions of said Agreements arising as of the effective date hereof, as if an original party thereto with Assignor. In consideration for this Assignment and Consent, ASSIGNEE agrees to pay LESSOR the lump sum of ONE HUNDRED AND NO/lOO U.S. DOLLARS ($100.00) upon execution of the Assignment and Consent. In further consideration for this Assignment and Consent, ASSIGNEE agrees that, in lieu of rentals or license fees set forth in each Agreement, the rentals or license fees thereunder shall be as also shown on "Schedule A", as of the Effective Date above. All other provisions contained in each said Agreement shall remain as if republished herein. WITNESS the hand(s) and seales) of Assignee(s) as of the Effective Date above. WITNESS(ES): ASSI INTER(SPRINGS;S:::~IDA .j ,,. MA.A-Y -r: ~.t:J &~ft';'ro~ CONSENT TO ASSIGNMENT In consideration of the above, LESSOR hereby consents and agrees to the foregoing Assignment of Agreements enumerated to Assignee, effective as of the date of transfer and assignment hereinabove provided. This consent shall not be construed by any party hereto as a waiver or consent to any further or subsequent sublease, assignment or transfer of the rights, duties and/or obligations, in whole or in part, of said Agreements. IN WITNESS WHEREOF, said LESSOR has caused these~resents to by its duly authorized officer, this ~?.M day of _ ~ (/ CSX TRAN ORTA ON, INC. be executed , 19...!l. WITNESS(ES): 41~~ {iiM wJ4- Title: --'- - -... . .. -- --~. SCHEDULE A AGREEMENT AGREEMENT TYPE FORMER NEW NUMBER DATE OF AGREEMENT LOCATION RENTAL RENTAL PAYABLE BD-9708 2/26/86 Sewer Pipeline Gardena, FL $50.00 $50.00 Annually RE-83019) BD-9713 2/25/86 Sewer Pipeline Gardena, FL $50.00 $50.00 Annually RE-83018) _.,. rJ , . 8R1;02"2bS61~9 ~"-=~" oS 6:> Cf7D i . AGREEHENT FOR PIPELINE OTHER THAN NATURAL OR L.P. GAS " THIS AGREEMENT, Made this 26th day of February, 1986, by and between the SEABOARD SYSTEH RAILROAD, INC., a Virginia corporation, hereinafter referred to as Licensor, and SEHINOLE UTILITY COHPANY, INC., a Florida corporation, whose mailing address is 1500 Winter Springs Boulevard, Winter Springs, Florida 32708, hereinafter referred to as 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 6-inch ductile iron pipe, encased in a 15.44-inch steel pipe, across the right of way and under trackage of Licensor at or near GARDENA (WINTER SPRINGS), FLORIDA, at a point 5,118 feet eastwardly measured along the center line of Licensor's main track from Milepost AU-782, ALSO, for the purpose of conducting POTABLE WATER, a line of 10-inch ductile iron pipe, encased in a 19.31-inch steel pipe, across the right of way and under trackage of Licensor at a point 5,186 ~eet eastwardly measured along the center line of Licensor's main track from Milepost AU-782, as shown in green on prints of Licensee's Drawings 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 Forms each dated November 15, 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 pipes at Licensee's expense in a manner satisfactory to the Division Engineer of Licensor and so as not to interfere with pipes or other structures now in place. In the event said pipes shall require repair or renewal, Licensee shall make such repair or renewal at Licensee's 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 pipes. Licensee will, at Licensee's expense, at any time, upon thirty (30) days' written notice given by Licensor, change and alter the location of said pipes 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 pipes and the contents thereof from any cause whatsoever; and -, 1'~5 -- ,;:)~'V-,-,VlS -~ .' . Licensee shall and does hereby assume, and agrees to indemnify and hold harmless Licensor, its successors and 'assigns, from and against all loss, cost, expense, 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 pipes and appurtenances on said premises, howsoever caused, and whether resulting from negligence of said Licensor, its agents or otherwise. (b). Any provision herein to the contrary notwithstanding, Licensee agrees 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 f~ state law dealing with the pollution of air, water, land and/or ground water. ~ (c). All 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 not use said pipes for any other purpose than that specified herein, and will not assign this, agreement or suffer or permit any other person or corporation to use said pipes without the consent in writing 'of Licensor. 3. Licensee will, within thirty (30) days after receipt from Licensor of written notice so to do and regardless of rental having been paid in advance for any annual, semi-annual or other period, remove said pipes from the premises of Licensor and restore said premises to a condition satisfactory to the said Division Engineer, or other proper officer of Licensor, and, in the event of the failure -of Licensee.cso to do, Licensor may --remove said pipes and restore said "premisesat ,the cost and expense of ~censee, which cost and expense Licensee hereby agrees to pay Licensor on , .demand. 6. Licensee will pay to Licensor, on bills rendered by Licensor, the full amount of all cost and expense 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 pipes are being installed thereunder, or during any repair, renewal, relocation or removal of said pipes. 7. It is expressly understood and agreed that Licensee shall be ~rohibited, incident to the installation and/or ma'intenance of said pipes 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 interest 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. ~~~.T. ....>...,~... ~. ~.""'.".'.~.. ..-......_._,"':"-""" 9.........__....___.~ ~ 1'"' - , ,. .~ .-..-.-, .< -, -. -- - -_.' w 11' . - - LL . .,.g.... '70T-~.. '8(a). During the installation of said pipes, 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 I notice to the Licensor of any change or cancellation of the policy. All of these endorsements and notice provisions shall be stated on the certificate of insurance which is to be provided to the Licensor. Provided, however, that not~ithstanding 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. 9. Effective May 1, 1986, Licensee will yield and pay unto Licensor the annual rent or sum of FIFTY AND NO/100 DOLLARS ($50.00), plus sales tax if applicable, payable at the beginning of each ~nd every year or fractional part'thereof during the continuance of this agreement. 10. Licensee agrees to pay to Licensor, in addition to all other considerations mentioned herein, the sum of TWO HUNDRED ~~ 00/100 DOLLARS ($200.00) to partially reimburse said Licensor for the costs of survey and other handiing necessary to the making of this agreement. IN WITNESS WHEREOF the parties hereto have executed this agreement in duplicate the day and year first above written. Witnesses for Licensor: M RAILROAD, INC.: ~~~~cJ' ~L7 ~/ If,' f['/;<-e'/> / Witnesses for Licensee: By (L.S. ) It. E., Frama Chiet' Engineering Officer SEMI~OLE UTILITY COMPANY, INC.: BY~ (L.S:) ~-.."-,, :'~"'l"\'-'''~''~~_ -~~''''''~;''''''iiiiI'...,...,....--._.-_ _____ ' ',_",-;,__'p , .; ~~ - .' 'A7PLlCAIION FOR PIPE LINE ~kOSstNC/PAaALLELISM UNDER/OVER PROPERTIES AND TlACKS . 'la~ for pro~oaed inatallation ahall be aubmitted to and aeet the approval of the 1411- road CO=?AnY before construction 1. begun. M4terial and installation are to be 1n strict . accordancr. vith .peclfication. of the American RAllway Engineering Association and requirements of the Seeboard Syatem RAilroad. Original and twelve (12) copies of thi. form ahall be .ubmitted.'ac:ompan1ed by twelve (12) letter.ize print. of a draving .having plan, elevation .actton of.crea,ing from field aurvey, location 1n respect to Mile Post~.vidth of ~ilroad'a r1sht of way, location of adjacent .trucccrea a~fectlng croning, and all'"lnfot'IWtlon required ia 'igure,'l arod 2 of IJtEA SpecIf1caUona, Part.5 - Pipelines. If open cutting or tunneling ,i. ~ce.aary, ,detail. of sheeting and aethod of aupportlng tracks or drIVing tunnel .hall be l.bOVD. ' ;; 1. ~ 2 " . J. '4. 5. 6. 7. I. Co~.t x.... of :APPU..nt Seminole Utility ComQan~, Inc. p05~ 365-6073 Po.t Office Addre.. ' 1500 Wintpr SnrinQs Boulevard. Winter _Dri_os 32708 Partner.hIp Name and lnitials all partners, WOt:len - given and surnames before marriage aDd ::pruent N/ A. " If incorporated, na=e of state in whlch Incorporated Fiorida . toc.aUon SHL feet East (Direction) frem neare~t RP. Mile Post1H~782 Vs- 'Nearut ltal1road Station UVleaO County Semlnole State FL :,llithin limits of public highway nameVi stawi 11 a Drive Fc:d-State-County N~. _ ~e=9orary track. '~pport or riprapping r~qu1red ( ) Yes (X) No - Ducribe ....._-". '.'llina, polu, o~8truct1on. to be relocated ( ) Yea (X) No 10 !'roduct to be co:veyed raw sewaae Fla:l:Cl&ble ( ) Yea (X) 11. Hax. Work.1ng preuure bO PSI. Field teat preuure 125 12. Location of .~ut-off valves on R.O.W. line, 50' north OT L/L Ducribe - No. Temperature 800 F PSI. 'l'jpe tut2-hr ---.-. -November 15, .1985 Date 13. PIPE SPECIFICATIONS: Hater1al ~ter1.1 Specificationl and Grade ; H1n~ Yield Strength of Material PSI )Ull Tut Preuure PSI .Inl1de Diameter" . . , 11&11 '!blek:oe II ~tlide D1=:leter '1)pe 0 f Se am wy1na angth. 11Dd of Jo1nta total Length wlthin i.R. a/W VIN'I'S: Numbe r N I A 'foALS: Both eDi. N/ A 100Y: !a.e of rail to top ot casing IUlY: (Not beneath track..) JOlY: (ioadway dltches) · CA'I'BCDIC Pi.OTECTION: ( ) Yea ( X) No nOTLC1'IVE CQ..\ TING : ( ) Ye s (X) No .:1 nd NI A 'lYpe, .be and .paclng of inauiatcn or supports ~lj A 14. );ethod of !nltaUation - .-- - oiack & hore _If applleat1~n 1a approved, appl1cant agr~cr. to reichurs~ the Railroad for any COlt incurred by the R.allroad lncident to in.tallation, ...:.1r.tcnance, .and/or 8upervh10n nec:ee.1tated '7 thi. pipe 1i~ ~Q.t.llat1on, and further ag~~ea to ~..~ all liability for accident. or lnjur1u ~1ch arile as . reault of this installatlon. Should open cut.lnltallation be required · Don-refundable charge of $ . N/A-. will be required to ruurface tracluJ~ ,..Q~~ . . - A. E. Blair, President '. CAUIn PIPE '.- Ductile Iron ANST/AWWA C151/A21.51 42.000 ",of. p~r ANS T lAW\oJA ) ". .: . 611,... nom" ct 50, N/A 18'. nom. ~ech. 100 L/F Hgt. above ground CASING PIPE --stee 1 - AS~M A-139 5.000 (oe'r ASTM) IS". 44-: 0.282" 16" nom ~/qlctl 2-~.t - wel ed 50 L/F - Size one end 5 min, 3 3 ft. ft. ft. 6 o o in. in. in. -- ..--..--....-----..- .-.-.- , f . '. ~ 'l! . ~, t.. .r .....~ ). ~ ~ ,~ "'."'Jt,.t"\ ~..~\.J ..... ::' '" ..~ 'x. l :'. "- ..~.. ~... 'f. .., I' ...., I.. '. , ;:.... ',r; .... ,"-1 '..: ,\. ::~ ' ,. t:"\ ~, '\, .... ~'J ~C ,...... ~~: .:.: t,' .' , , " . .', , .. --.-- .. ..'.',: . ~~ ~ . .. ,,~ ~ -- '"~ ~ '=~ ~~ ~ ~~ ,-':II !,.,.~,' ~~ "~\c"! ~"~-.a ~ ""'-l- ~~~'" -..Js..: ~!.:S,,~ ~~~"4 ~~ ~~~~ ~ ~~~~ ~ ~~~c::l ~ 0 ~ ::::.... '* ;: .. ~.....~~ ~~ , ~~~X s~~~ . ~~s~~ ~~~~!:S ~~~~ ~~~~~ I ~~~ ~ , "l>~~~~ ~~~....~ "'t~."~",, llo:~~"'~ 'L.L 6" 7d ~~~~~ , ~'i ~ 'llo...."'.... ,,~~... 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M.P. 782+5154 FEET ANGLE OF CROSSING -1040 tJ IIJ rt7 .sO ~ JIJ kr.....-".J . . , j SifT. Z OF ..J ........-..~:_~-~-,~~-~ ..-"---.....;......;.:..........-. . . J L_ . . '---- -'l "V ___on -"'....~WIII"lI~.'lR'1. "'0lI1..,,-.... b..~.,._ --.---_..':'","'1 .I' .,' I L5~ ,JI'~/IV& A;'~. ~..f. 4.14 oF- :) : rzFUTvjE ~P.l4I+'AY ~,!/E~!,IJII$l... : ->f~'!"'o!.{/!.'!~'.'!.<!if.i:~:..' _ '_" :::~:t\. Ft/TUKE /HiERJECT/tJNJ wA~ 4.34 TVJ'CdRA - .:t IUd' If. (IF , HOWELL UEEI( I'IJT.lJYIUA-! #/Z' [. P/ I HdKE" aUK (~ /IITE.fJECT/IJN 1)1' JPIi/He ,/YEI/IIE) ~ ~ .- -.---1 ~ ~ ~ ~ ~ DRIVE VISTAWILLA . - no.T. SECTION 77000-6619 S.C.L. M.P. 782.5154 FEET ANGLE OF CROSSING -1040 -- I I ~ No r. J.