HomeMy WebLinkAboutCSX TRANSPORTATION INC PIPELINE CROSSING AGREEMENT POWELL ROAD
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Book 01179:2254 Augusta - Richmond County
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2008027673 Augusta - Richmond County
After recording, return to:
Augusta Utilities Department
Attn: Land Acquisition
360 Bay Street, Suite 180
Augusta, GA 30901
(706) 312-4143
CSXT Form 2037G - Page 1
Revised September, 2006jZl
Agreement No. CSX-058482
lPOW6LL R--OAD)
PIPELINE CROSSING AGREEMENT
THIS AGREEMENT, Made and effective as of August 2,2007, by and between CSX
TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water Street,
Jacksonville, Florida 32202, hereinafter called "Licensor," and AUGUSTA, GEORGIA (CITY),
a municipal corporation, political subdivision or state agency, under the laws of the State of
Georgia, whose mailing address is 360 Bay St., Ste. 180, Augusta, Georgia 30901, hereinafter
called "Licensee," WITNESSETH:
WHEREAS, Licensee desires to construct, use and maintain a pipeline, solely for the
transmission of potable water, hereinafter called "Pipeline," under or across property owned or
controlled by Licensor at or near Augusta, County of Richmond, State of Georgia, located at
Valuation Station 585+30, Milepost YYG-11.04, Augusta Subdivision, hereinafter called the
"Crossing," as shown on print of Drawing No. EXHIBIT A, dated July 23,2007, attached hereto
and made a part hereof; other details and data pertaining to said Pipeline being as indicated on
Application Form, dated August 1, 2007, also attached hereto and made a part hereof;
NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms and
agreements herein contained, the parties hereto agree and covenant as follows:
1. LICENSE:
1.1 Subject to Article 17, Licensor, insofar as it has the legal right, power and authority
to do so, and its present title permits, and subject to:
(A) Licensor's present and future right to occupy, possess and use its property
within the area of the Crossing for any and all purposes;
(B) All encumbrances, conditions, covenants, easements, and limitations
applicable to Licensor's title to or rights in the subject property; and
(C) Compliance by Licensee with the terms and conditions herein contained;
does hereby license and permit Licensee to construct, maintain, repair, renew, operate, use, alter or
change said Pipeline at the Crossing above for the term herein stated, and to remove same upon
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CSXT Form 2037G - Page 2
Revised September, 2006lZl
Agreement No. CSX-058482
2. ENCROACHMENT INVENTORY FEE; TERM:
2.1 In lieu of annual payments and in consideration of Licensor's waiver of future fee
increases, Licensee shall pay Licensor a one-time nonrefundable Encroachment Inventory Fee of
FIVE HUNDRED AND 00/100 U.S. DOLLARS ($500.00) upon execution of this Agreement.
Licensee agrees that the Encroachment Inventory Fee applies only to the original Licensee under
this Agreement. In the event of a successor (by merger, consolidation, reorganization and/or
assignment) or if the original Licensee changes its name, then Licensee shall be subject to
payment of Licensor's current administrative and document preparation fees for the cost incurred
by Licensor in preparing and maintaining this Agreement on a current basis.
2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or
reimburse Licensor), any additional annual taxes and/or periodic assessments levied against
Licensor or Licensor's property solely on account of said Pipeline or Crossing.
2.3 This Agreement shall terminate as herein provided, but shall also terminate upon
(a) default, (b) Licensee's cessation of use of the Pipeline or Crossing for the purpose(s) above, (c)
removal of the Pipeline, (d) subsequent mutual consent, and/or (e) failure of Licensee to complete
installation within 5 (five) years from the effective date of this Agreement.
2.4 In further consideration for the license or right hereby granted, Licensee hereby
agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part of the
cost of the installation of said Pipeline and appurtenances, and/or maintenance thereof, or for any
public works project of which said Pipeline is a part.
3. CONSTRUCTION, MAINTENANCE AND REPAIRS:
3.1 Licensee 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 (A.R.E.M.A. Specifications) and Licensee's
particular industry, and/or any governmental or regulatory body having jurisdiction over the
Crossing or Pipeline.
3.2 Location and construction of Pipeline shall be made strictly in accordance with
design(s) and specifications furnished to and approved by Licensor, and of material(s) and size(s)
appropriate for the purpose( s) above recited.
3.3 All Licensee's work and exercise of rights hereunder shall be undertaken at time(s)
satisfactory to Licensor and so as to eliminate or minimize any impact on or interference with the
safe use and operation of Licensor's property and appurtenances thereto.
3.4 In the installation, maintenance, repair and/or removal 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
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CSXT Form 2037G - Page 3
Revised September, 2006lZl
Agreement No. CSX-058482
Licensor to monitor blasting, and Licensee shall reimburse Licensor for the entire cost and/or
expense of furnishing said monitor.
3.5 Any repairs or maintenance to Pipeline, whether resulting from acts of Licensee, or
natural or weather events, which are necessary to protect or facilitate Licensor's use of its property,
shall be made by Licensee promptly, but in no event later than thirty (30) days after Licensee has
notice as to the need for such repairs or maintenance.
3.6 Licensor, in order to protect or safeguard its property, rail operations, equipment
and/or employees from damage or injury, may request immediate repair or renewal of the Pipeline,
and if the same is not performed, may make or contract to make such repairs or renewals, at the
sole risk, cost and expense of Licensee.
3.7 Neither the failure of Licensor to object to any work done, material used, or method
of construction or maintenance of said Crossing, nor any approval given or supervision exercised
by Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as a
waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this
Agreement.
3.8 All work on the Crossing shall be conducted in accordance with Licensor's safety
rules and regulations.
3.9 Licensee hereby agrees to reimburse Licensor any loss, cost or expense (including
losses resulting from train delays and/or inability to meet train schedules) arising from any failure
of Licensee to make repairs or conduct maintenance as required by Section 3.5 above or from
improper or incomplete repairs or maintenance to Pipeline.
4. PERMITS, LICENSES:
4.1 Before any work hereunder is performed, or before use of the Crossing for the
contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary permit(s)
(including but not limited to zoning, building, construction, health, safety or environmental
matters), letter(s) or certificate(s) of approval. Licensee expressly agrees and warrants that it shall
conform and limit its activities to the terms of such permit(s), approval(s) and authorization(s), and
shall comply with all applicable ordinances, rules, regulations, requirements and laws of any
governmental authority (state, federal or local) having jurisdiction over Licensee's activities,
including the location, contact, excavation and protection regulations of the Occupational Safety
and Health Act (OSHA) (20 CFR 1926.651(b), et al.), and State "One Call" - "Call Before You
Dig" requirements.
4.2 Licensee assumes sole responsibility for failure to obtain such permit(s) or
approval(s), for any violations thereof, or for costs or expenses of compliance or remedy.
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CSXT Form 2037G - Page 4
Revised September, 2006 lZl
Agreement No. CSX-058482
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5. MARKING AND SUPPORT:
5.1 With respect to any subsurface installation or maintenance upon Licensor's
property, Licensee, at its sole cost and expense, shall:
(A) Support track(s) and roadbed in a manner satisfactory to Licensor;
(B) Backfill with satisfactory material and thoroughly tamp all trenches to
prevent settling of surface of land and roadbed of Licensor; and
(C) Either remove any surplus earth or material from Licensor's property or
cause said surplus earth or material to be placed and distributed at location(s) and in such manner
as Licensor may approve.
5.2 After construction or maintenance of Pipeline, Licensee shall:
(A) Restore said track(s), roadbed and other disturbed property; and
(B) 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 related facilities.
5.3 Licensee shall be solely responsible for any subsidence or failure of lateral or
subjacent support in the Crossing area for a period of three (3) years after completion of
installation.
6. TRACK CHANGES:
6.1 In the event that rail operations and/or track maintenance result in changes in grade
or alignment of, additions to, or relocation oftrack(s) or other facilities, or in the event future use
of Licensor's right -of-way and property necessitate any change of location, height or depth of
Pipeline or Crossing, Licensee, at its sole cost and expense and within thirty (30) days after notice
in writing from Licensor, shall make changes in Pipeline or Crossing to accommodate such track(s)
or operations.
6.2 If Licensee fails to do so, Licensor may make or contract to make such changes at
Licensee's cost.
7. PIPE CHANGES:
7.1 Licensee shall periodically monitor and verify the depth or height of Pipeline and
Crossing in relation to the existing tracks and facilities, and shall 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 of any public authority.
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CSXT Form 2037G - Page 5
Revised September, 2006lZl
Agreement No. CSX-058482
7.2 If Licensee undertakes to revise, renew, relocate or change all or any part of
Pipeline (including any change in circumference, diameter or radius of pipe or carrier pipe, change I
in 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.
8. INTERFERENCE WITH RAIL FACILITIES:
8.1 Although the Pipeline/Crossing herein permitted may not presently interfere with
Licensor's railroad operations or facilities, in the event that the operation, existence or maintenance
of said Pipeline, in the sole judgment of Licensor, causes: (a) interference (physical, magnetic or
otherwise) with Licensor's communication, signal or other wires, powerlines, train control system,
or facilities; or (b) interference in any manner with the operation, maintenance or use of the right-
of-way, track(s), structures, pole line(s), devices, other property, or any appurtenances thereto; then
and in either event, Licensee, upon receipt of written notice from Licensor of any such
interference, and at Licensee's sole risk, cost and expense, shall promptly take such remedial action
or make such changes in its Pipeline as may be required in the reasonable 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.
8.2 Without assuming any duty hereunder to inspect Licensee's Pipeline, Licensor
hereby reserves the right to inspect same and to require Licensee to undertake necessary repairs,
maintenance or adjustments to Pipeline, which Licensee hereby agrees to make promptly, at
Licensee's sole cost and expense.
9. RISK, LIABILITY, INDEMNITY:
With respect to the relative risk and liabilities of the parties, it is hereby agreed that:
9.1 Licensee hereby assumes, and, to the fullest extent permitted by State law
(Constitutional or Statutory, as amended), shall defend, indemnify, and hold Licensor harmless
from and against any and all liability, loss, claim, suit, damage, charge or expense which Licensor
may suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any
person whomsoever (including officers, agents, employees or invitees of Licensor), and for
damage to or loss of or destruction of any property whatsoever, arising out of, resulting from, or in
any way connected with the construction, presence, existence, repair, maintenance, replacement,
operations, use or removal of 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
willful misconduct or gross negligence of Licensor. HOWEVER, to the fullest extent permitted by
State law, during any period of actual construction, repair, maintenance, replacement or removal of
pipeline, wherein agents, equipment or personnel of Licensee are on the railroad right-of-way,
Licensee's liability hereunder shall be absolute, irrespective of any joint, sole or contributory fault
or negligence of Licensor.
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CSXT Form 2037G - Page 6
Revised September, 2006lZl
Agreement No. CSX-058482
9.2 Use of Licensor's right-of-way involves certain risks of loss or damage as a result of
the rail operations. Notwithstanding Section 9.1, Licensee expressly assumes all risk of loss and
damage to Licensee's Property or Pipeline in, on, over or under the Occupancy, including loss of or
any interference with use thereof, regardless of cause, including electrical field creation, fire or
derailment arising out of rail operations. For this Section, the term "Licensee's Property" shall
include pipe contents as well as property of third parties situated or placed upon Licensor's right-
of-way by Licensee or by such third parties at request of or for benefit of Licensee.
9.3 To the extent permitted by State law, as above, 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; (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; and (c) any subsidence or failure of
lateral or subjacent support of the tracks arising from such Pipeline leakage.
9.4 Obligations of Licensee hereunder to defend, indemnify and hold Licensor
harmless shall also extend to companies and other legal entities that control, are controlled by,
subsidiaries of, or are affiliated with Licensor, as well as any railroad that operates over the right-
of-way on which the Crossing is located, and their respective officers, agents and employees.
9.5 If a claim is made or action is brought against either party, for which the other party
may be responsible hereunder, in whole or in part, such other party shall be notified and permitted
to participate in the handling or defense of such claim or action.
9.6 Notwithstanding anything contained in this Agreement, the limitations of liability
contained in the state statutes, as amended from time to time, shall not limit Licensor's ability to
collect under the insurance policies required to be maintained under this Agreement.
10. INSURANCE:
10.1 Prior to commencement of surveys, construction or occupation of Crossing
pursuant to this Agreement, Licensee shall procure, and shall maintain during the continuance of
this Agreement, at Licensee's sole cost and expense, a policy of Commercial General Liability
Insurance (CGL), naming Licensor, and/or its designee, as additional insured and covering liability
assumed by Licensee under this Agreement. A coverage limit of not less than THREE MILLION
AND 00/100 U.S. DOLLARS ($3,000,000.00) Combined Single Limit per occurrence for bodily
injury liability and property damage liability is currently required as a prudent minimum to protect
Licensee's assumed obligations. The evidence of insurance coverage shall be endorsed to provide
for thirty (30) days' notice to Licensor, or its designee, prior to cancellation or modification of any
policy. Mail CGL certificate, along with agreement, to CSX Transportation, Inc., Speed Code J180,
500 Water Street, Jacksonville, FL 32202. On each successive year, send certificate to Speed Code
C907 at the address listed above.
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CSXT Form 2037G - Page 7
Revised September, 2006lZl
Agreement No. CSX-058482
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10.2 If said CGL policy does not automatically cover Licensee's contractual liability
during periods of survey, construction, maintenance and continued occupation, a specific
endorsement adding such coverage shall be purchased by Licensee. If said CGL policy is written
on a "claims made" basis instead of a "per occurrence" basis, Licensee shall arrange for adequate
time for reporting losses. Failure to do so shall be at Licensee's sole risk.
10.3 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee, pursuant to
State Statute(s), may self-insure or self-assume, in any amount(s), any contracted liability arising
under this Agreement, under a funded program of self-insurance, which fund will respond to
liability of Licensee imposed by and in accordance with the procedures established by law.
10.4 Securing such insurance shall not limit Licensee's liability under this Agreement,
but shall be additional security therefor.
10.5 In the event Licensee finds it necessary to perform construction or demolition
operations within fifty feet (50') of any operated railroad track(s) or affecting any railroad bridge,
trestle, tunnel, track(s), roadbed, overpass or underpass, Licensee shall: (a) notify Licensor; and (b)
procure and maintain during the period of construction or demolition operations, at no cost to
Licensor, Railroad Protective Liability (RPL) Insurance, naming Licensor, and/or its designee, as
Named Insured, written on the current ISOIRIMA Form (ISO Form No. CG 00 35 01 96) with
limits of FIVE MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00) per occurrence for bodily
injury and property damage, with at least TEN MILLION AND 00/100 U.S. DOLLARS
($10,000,000.00) aggregate limit per annual policy period, with Pollution Exclusion Amendment
(ISO CG 28 31 11 85) if an older ISO Form CG 00 35 is used. The original of such RPL policy
shall be sent to and approved by Licensor prior to commencement of such construction or
demolition. Licensor reserves the right to dem~d higher limits.
At Licensor's option, in lieu of purchasing RPL insurance from an insurance company
(but not CGL insurance), Licensee may pay Licensor, at Licensor's current rate at time of
request, the cost of adding this Crossing, or additional construction and/or demolition activities,
to Licensor's Railroad Protective Liability (RPL) Policy for the period of actual construction.
This coverage is offered at Licensor's discretion and may not be available under all
circumstances.
11. GRADE CROSSINGS; FLAGGING:
11.1 Nothing herein contained shall be construed to permit Licensee, or any contractor
of Licensee, to move any vehicles or equipment over the track(s), except at public road crossing(s),
without separate prior written approval of Licensor (CSXT Form 7422).
11.2 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 at the Crossing for protection of operations of Licensor or others
on Licensor's right-of-way, and to keep persons, equipment and materials away from the track(s),
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CSXT Form 2037G - Page 8
Revised September, 2006 lZl
Agreement No. CSX-058482
Licensor shall have the right to do so at the expense of Licensee, but Licensor shall not be liable
for failure to do so.
12. LICENSOR'S COSTS:
12.1 Any additional or alternative costs or expenses incurred by Licensor to
accommodate Licensee's continued use of Licensor's property as a result of track changes or pipe
changes shall also be paid by Licensee.
12.2 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. Licensor may, at
its discretion, request an advance deposit for estimated Licensor costs and expenses.
12.3 Such expense shall include, but not be limited to, cost of railroad labor and
supervision under "force account" rules, plus current applicable overhead percentages, the actual
cost of materials, and insurance, freight and handling charges on all materials used. Equipment
rentals shall be in accordance with Licensor's applicable fixed rate(s). Licensor may, at its
discretion, require advance deposit for estimated costs and expenses associated herein.
13. DEFAULT, BREACH, WAIVER:
13.1 The proper and complete performance of each covenant of this Agreement shall be
deemed of the essence thereof, and in the event Licensee fails or refuses to fully and completely
perform any of said covenants or remedy any breach within thirty (30) days after receiving written
notice from Licensor to do so (or within forty-eight (48) hours in the event of notice of a railroad
emergency), Licensor shall have the option of immediately revoking this Agreement and the
privileges and powers hereby conferred, regardless of encroachment inventory fee(s) having been
paid in advance for any annual or other period. Upon such revocation, Licensee shall make removal
in accordance with Article 14.
13.2 No waiver by Licensor of its rights as to any breach of covenant or condition herein
contained shall be construed as a permanent waiver of such covenant or condition, or any
subsequent breach thereof, unless such covenant or condition is permanently waived in writing by
Licensor.
14. TERMINATION, REMOVAL:
14.1 All rights which Licensee may have hereunder shall cease upon the date of:
(a) revocation, (b) termination, (c) subsequent agreement, or (d) Licensee's removal of Pipeline
from the Crossing. However, neither revocation nor termination of this Agreement shall 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; neither party, however, waiving any third party
defenses or actions.
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CSXT Form 2037G - Page 9
Revised September, 2006lZl
Agreement No. CSX-058482
14.2 Within thirty (30) days after revocation or termination, Licensee, at its sole risk and
expense, shall (a) remove Pipeline from the right-of-way of Licensor, unless the parties hereto
agree otherwise, (b) restore property of Licensor in a manner satisfactory to Licensor, and (c)
reimburse Licensor any loss, cost or expense of Licensor resulting from such removal.
15. NOTICE:
15.1 Licensee shall give Licensor's Division Engineer (Florence Division, 100 Oakland
Avenue, Florence, SC 29506) at least thirty (30) days written notice before doing any work on
Licensor's right-of-way, except that in cases of emergency shorter notice may be given to said
Division Engineer. The rail operations emergency phone number for Licensor is: 1-800-232-0144.
The emergency phone number for Licensee is: (706) 312-4132.
15.2 All other notices and communications concerning this Agreement shall be addressed
to Licensee at the address above, and to Licensor at the address shown on Page 1, c/o CSXT
Contract Administration, J180; or at such other address as either party may designate in writing to
the other.
15.3 Unless otherwise expressly stated herein, all such notices shall be in writing and sent
via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be considered
effective upon: (a) actual receipt, or (b) date of refusal of such delivery.
16. ASSIGNMENT:
16.1 The rights herein conferred are the privileges of Licensee only, and Licensee shall
obtain Licensor's prior written consent to any assignment of Licensee's interest herein; said consent
shall not be unreasonably withheld.
16.2 Subject to Sections 2 and 16.1, this Agreement shall be binding upon and inure to
the benefit of the parties hereto and their respective successors or assigns.
16.3 Licensee shall give Licensor written notice of any legal succession (by merger,
consolidation, reorganization, etc.) or other change of legal existence or status of Licensee, with a
copy of all documents attesting to such change or legal succession, within thirty (30) days thereof.
16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in part, to
any grantee, lessee, or vendee of Licensor's underlying property interests in the Crossing.
16.5 In the event of any unauthorized sale, transfer, assignment, sublicense or
encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its
option, may revoke this Agreement by giving Licensee or any such assignee written notice of such
revocation; and Licensee shall reimburse Licensor for any loss, cost or expense Licensor may incur
as a result of Licensee's failure to obtain said consent.
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CSXT Form 2037G - Page 10
Revised September, 2006lZl
Agreement No. CSX-058482
17. TITLE:
17.1 Licensee understands that Licensor occupies, uses and possesses lands, rights-of-
way and rail corridors under all forms and qualities of ownership rights or facts, from full fee
simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as or be
deemed to act as any warranty, guaranty or representation of the quality of Licensor's title for
any particular Right-of-Way in the Crossing occupied, used or enjoyed in any manner by
Licensee under any rights created in this Agreement. It is expressly understood that Licensor
does not warrant title to any Right-of-Way in the Crossing, and Licensee will accept the grants
and privileges contained herein, subject to all lawful outstanding existing liens, mortgages and
superior rights in and to the Right-of-Way, and all leases, licenses and easements or other
interests previously granted to others therein.
17.2 The term "license," as used herein, shall mean with regard to any portion of the
Right-of-Way which is owned by Licensor in fee simple absolute, or where the applicable law of
the State where the Crossing is located otherwise permits Licensor to make such grants to
Licensee, a "permission to use" the Right-of-Way, with dominion and control over such portion
of the Right-of-Way remaining with Licensor, and no interest in or exclusive right to possess
being otherwise granted to Licensee. With regard to any other portion of Right-of-Way
occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives
its exclusive right to occupy the Right-of-Way and grants no other rights whatsoever under this
Agreement, such waiver continuing only so long as Licensor continues its own occupation, use
or control. Licensor does not warrant or guarantee that the license granted hereunder provides
Licensee with all of the rights necessary to occupy any portion of the Right-of-Way. Licensee
further acknowledges that it does not have the right to occupy any portion of the Right -of- W ay
held by Licensor in less than fee simple absolute without also receiving the consent of the
owner(s) of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim
any interest in the Right-of-Way that would impair Licensor's existing rights therein.
17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and
absolutely waives its right to, any claim against Licensor for damages on account of any
deficiencies in title to the Right -of-Way in the event of failure or insufficiency of Licensor's title to
any portion thereof arising from Licensee's use or occupancy thereof.
17.4 Licensee agrees to fully and completely indemnify and defend all claims or
litigation for slander of title, overburden of easement, or similar claims arising out of or based upon
Licensee's facilities placement, or the presence of Licensee's facilities in, on, or along the Crossing,
including claims for punitive or special damages.
17.5 Licensee shall not at any time own, or claim any right, title or interest in or to
Licensor's property occupied by the Crossings, nor shall the exercise of this Agreement for any
length of time give rise to any right title or interest in License, to said property other than the
license herein created.
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CSXT Form 2037G - Page 11
Revised September, 2006lZl
Agreement No. CSX-058482
18. GENERAL PROVISIONS:
18.1 This Agreement, and the attached specifications, contains the entire understanding
between the parties hereto.
18.2 Neither this Agreement, any provision hereof, nor any agreement or provision
included herein by reference, shall operate or be construed as being for the benefit of any third
person.
18.3 Except as otherwise provided herein, or in any Rider attached hereto, neither the
form of this Agreement, nor any language herein, shall be interpreted or construed in favor of or
against either party hereto as the sole drafter thereof.
18.4 This Agreement is executed under current interpretation of applicable Federal, State,
County, Municipal or other local statute, ordinance or law(s). However, each separate division
(paragraph, clause, item, term, condition, covenant or agreement) herein shall have independent and
severable status for the determination of legality, so that if any separate division is determined to be
void or unenforceable for any reason, such determination shall have no effect upon the validity or
enforceability of each other separate division, or any combination thereof.
18.5 This Agreement shall be construed and governed by the laws of the state in which
the Pipeline and Crossing are located.
18.6 If any amount due pursuant to the terms of this Agreement is not paid by the due
date, it will be subject to Licensor's standard late charge and will also accrue interest at eighteen
percent (18%) per annum, unless limited by local law, and then at the highest rate so permitted.
18.7 Licensee agrees to reimburse Licensor for all reasonable costs (including
attorney's fees) incurred by Licensor for collecting any amount due under the Agreement.
18.8 The provisions of this License are considered confidential and may not be
disclosed to a third party without the consent of the other party(s), except: (a) as required by
statute, regulation or court order, (b) to a parent, affiliate or subsidiary company, (c) to an
auditing firm or legal counsel that are agreeable to the confidentiality provisions, or (d) to
Lessees of Licensor's land and/or track who are affected by the terms and conditions of this
Agreement and will maintain the confidentiality of this Agreement.
18.9 Licensor shall refund to Licensee any overpayments collected, plus any taxes paid
in advance; PROVIDED, however, such refund shall not be made when the cumulative total
involved is less than One Hundred Dollars ($100.00).
Book 01179:2265 Augusta - Richmond County
200802767306/10/2008 14:10:15.00
CSXT Form 2037G - Page 12
Revised September, 2006lZl
Agreement No. CSX-058482
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
(each of which shall constitute an original) as of the effective date of this Agreement.
~nsor:
~
CSX TRANSPORTATI09C.
BY:~~'
Print/Type Name:
. A Musfe\dt
Marl/' .
Director
PrintlType Title:
Witness for Licensee:
AUGUSTA, GEORGIA (CITY)
~ By: ~~7(.~
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Who, by the execution hereof, affirms that he/she
has the authority to do so and to bind the Licensee
to the terms and conditions of this Agreement.
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Book 01179:2266 Augusta - Richmond County
2008027673 06/10/2008 14: 10: 15.00 FORM CSXT 7455 - Rev. 12104/2006(Page 1 of 4)
TRANSPORTATION APPLICATION FOR PIPELINE CROSSING/PARALLELISM
All applications are to be submitted in accordance with CSXT's Pipeline Specification DATE RECEIVED
Package. Failure to strictly adhere to these specifications will result in delays, additional costs
and possible return of your application. Drawings should either be 8W' x 11", 8W' x 14" or
11" x 17" size (refer to Drawing requirement checklist). CSXT reserves the right to approve or
decline any application.
One original and one copy of this application fonD, together with plan and profile drawings,
and a $750.00 nonrefundable Review Fee are to be submitted to: CSX Transpo11Jltion, Inc.,
Property Services Department, J180, 500 Water Street, Jacksonville, FL 32202.
. No work may proceed on CSXT's right of way until the Licensee has received a fully executed agreement and obtained
notice to proceed from CSXT's local Roadmaster or its designee.
. Due to future maintenance responsibilities CSXT will not enter into an agreement with a Developer. It is the
Developer's responsibility to coordinate the application with the local governing municipal authority.
. No verbal approvals will be granted. No Blasting on/under/near CSXT right of way. No Directional Boring.
CSXT File/Agreement Number: C5::> \L 0 S646 L
Application Date: t4-UG ,. UJ (77
.
upervlsor
(c) Other
Describe:
e 0 Individual
Sution2: En . ... eer/Consult8ntJDfo';~'b,"'" ., i; Check1te,e"i ..0 'eetnemshouldbilillDiIediiithlsaddressLC
Engineer/Consultant
Com an Name: W. K. Dickson & Co. Inc.
Contact Nametritle: William G. Win ate III Vice President/Branch Mana er
Street Address for Overnight
Mail:
Ci /StatelZi : 30901
Email Address:
Office/Fax: 722-6773
CeDI Alternate Phone:
Continued on Page 2...
. .
Book 01179:2267 Augusta - Richmond County
.200802767306/10/2008 14:10:15.00
FORM CSXT 7455 - Rev. 12/04/2006(Page 2 of 4)
Application Date: ~ tJ G I J lo07
CSXT File/Agreement Number:
C2JV-p~2-
';:_":"'''.-'.,,~:;-,." ;,:',~. )<:,'
A. RR Mile t Location for Crossin
location: 193
Latitude: N
If Known:
11 .
B. RR Mile t Location for Crossin s ur track *Do not measure from a DOT si n.
Spur Track Crossing Location: _ ft. (N / S I E I W) (direction) from RR Milepost: to point-of- switch.
then: ft. alon s ur track to crossin location.
Latitude: N
If Known: Valuation Station:
C. RR Mile st Location for Parallelism
Parallelism location Enters CSXT RIW:
CSXT R/W: ft. I S I E I W
Latitude: N
If Known: Val. Station:
Latitude: N
If Known: Val. Station:
= Entrance
= Entrance
= Exit
= Exit
Parallel Length/Segment
on RR R/W:
No.: z.,c, 4""14
Ft.
No
Continued on Page 3...
Book 01179:2268 Augusta - Richmond County
2008027673 06/10/2008 14: 1 0: 15.00
FORM CSXT 7455 - Rev. 12l04/2006(Page 3 of 4)
Application Date: A- U G I I Z (JO 1
CSXT File/Agreement Number: Crz:>'t y6.:oS 4B2-
if/iliMitiiC'Iii iii7iUitloiiFwill:NOT://e"'ticce''t,.il.
CARRIER PIPE: CASING PIPE:
Protective Coating:
Cathodic Protection:
~Yes
DNo
Comments:
Continued on Page 4...
'.
Book 01179:2269 Augusta - Richmond County
2008027673 06/10/2008 14: 1 0: 15.00
FORM CSXT 7455 - Rev. 12/04/2006{Page 4 of 4)
CSXT DRAWING REQUIREMENTS FOR PIPELINE CROSSING/P ARALLELISM
Application Date: 4lJ b I 2007
.
Agreement Number:
All information and measurements are to be dearly labeled and shown on all drawings. All drawings are to be submitted with CSXT's
pipeline occupancy application form No. 7455. Failure to strictly adhere to these requirements may result in delays, additional costs and
possible return of your application.
Drawings should either be 8W x 11-, 81-S- x 14- or 11- x 17" size. CSXTreserves the right to approve or decline any application. Gray or
monochrome scale required. Aerial photos must be separate from the drawing.
All aDDlicable boxes must be checked.
.
(Note: Metric Information will NOT be accepted.)
r! legible Drawing(s) size 8~ x11, 8~ x14 or 11x17.
fiI' Overall plan view for parallelisms
.lit' North Arrow
liT Title block with owne(s legal name, drawing number and date.
fiI' New pipeline in bold lines.
.lit' Distance and direction from CSXT actual milepost monument/marker (not the DOT sign at the road crossing).
~ Distance and direction from nearest track and public road intersection.
r! Public road right-of-way lines (if within the confines of a public road crossing).
fiI' CSXT right-of-way lines relative to centertine of adjacent track(s).
.lit' llllidth of CSXT right of way.
r! Angle of aossing at track(s), and number of tracks crossed.
r! Plan View. cross-section and profile of casing and carrier pipes.
.lit' Points where pipeline enters and leaves csxrs right-of-way.
liT T otallength of carrier and casing pipe within CSXT right of way,
r! Cross-section of track at enaoachment, including relevant dimensions. .
Depthlminimum cover of casing pipe measured from:
Ja r!f Top of pipe to bottom of rail
[J VVithin the right-of-way but not beneath the track(s)
[J Below any ditches
ria Description of Casing Pipe End Seals
0 Measurement to any manhole(s)lother(s) from nearest/adjacent track(s) and milepost.
0 Size and location of Vent pipes on cross section/profile drawing (for flammable substance with sealed casing pipe).
location of shut off valves:
ria (a) Crossings: No further than 2,000 feet from centerline of nearest track;
(b) Parallerrsms: VWhin 2,000 feet of entrance and exit point of CSXT right-of-way
0 location of any CSXT signals, signal.equlpment, road crossing warning devices, poles, pole lines, bridges, and any other facilities relevant to the
pipeline and the location of the pipeline.
0 location of all proposedlperfonned geotechnical borings - This is required for all casings with an 0.0. of 48 inches or greater.
0 Facilities, structures, obstructions, etc... to be relocated.
ria Distance of face of launching & Receiving Pits located from centertine of adjacent track @ 90..
ria launching Pit and Receiving Pit Dimensions: V\IIdth, length and Depth.
I affinn that I have reviewed csxrs Pipeline Specifications and the foregoing information complies with the current CSX Pipeline Specifications, governing
laws or regulations, and accurately reflects the proposed pipeline crossing/parallel rs right of way.
~
Applicant's