HomeMy WebLinkAboutPipeline Crossing Agreement
Augusta Richmond GA
DOCUMENT NAME: ? i~ e LI f\J """ QIR-D'S'!.INd A 'JREe: m g:.JJ
DOCUMENT TYPE: A <?:rl<.E:. E n ~ ro)
YEAR: \ qg ~
BOX NUMBER: to
FILE NUMBER: ) ~ ~ 8" '7
NUMBER OF PAGES: Q 0
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CSXT Form 2037-G - Page 1
Revised January 1997. ~
Agreement No. CSX-03l95l
PIPELINE CROSSING AGREEMENT
THIS AGREEMENT, Made as of February 18, 1998, by and between CSX
TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water
Street, Jacksonville, Florida 32202, hereinafter called "Licensor" and BOARD ()F
COMMISSIONERS OF AUGUSTA-RICHMOND COUNTY, a municipal corporation, political
subdivision or state agency, under the laws of the State of Georgia, whose
mailing address is 1815 Marvin Griffin Road, Augusta, GA 30906, hereinafter
called "Licensee", WITNESSETH:
WHEREAS, Licensee desires to construct and maintain a certain pipeline
or duct work, solely for the transmission of stormwater, hereinafter called
"Pip(~line" under or across the track(s) and property owned or controlled by
Licensor at or near Augusta, County of Richmond, State of Georgia, located at
Valuation Station 41+00, Milepost YAS-0.77, Augusta Subdivision, hereinafter
called the "Crossing"; as shown on print of Licensee's Drawing KL031951, dated
January 27, 1998, 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 27, 1998, 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 Crossing for any and all purposes;
(B) All encumbrances, conditions, covenants, easements, and
limit:ations 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
operate, use, alter or change said Pipeline
use stated above, for the term herein
termination.
construct, maintain, repair, renew,
at the Crossing above solely for the
stated, and to remove same upon
1.2 The term Pipeline, as used herein, shall include only the pipes,
ducts, casing, vents, manholes, connectors, fixtures, appliances and ancillary
facilities devoted exclusively to the transmission usage above within the
Crossing, and as shown on attached Application Form.
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CSXT Form 2037-G - Page 2
Revised January 1997 ~
Agreement No. CSX-03195l
1.3 No additional Pipeline or Wire1ine or other facilities shall be
placed, allowed or maintained by Licensee in, upon or along the Crossing except
upon separate prior written consent of Licensor.
2. LICENSE FEE; TERM:
2.1 In lieu of annual payments and in consideration of Licensor's waiver
of future fee increases, Licensee shall pay Licensor a one-time nonrefundable
License Fee of TWO HUNDRED FIFTY AND 00/100 U. S. DOLlARS ($250.00) upon execution
of this Agreement.
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 Effective Date of this Agreement shall be the date first written
above. License shall be revocable only in the event of Licensee's default, as
herein provided, but shall also terminate upon (a) Licensee's cessation of use
of the Pipeline or Crossing for the purpose(s) above, (b) removal of the
Pipeline, and/or (c) subsequent mutual consent. I
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. A. Specifications) and Licensee's particular industry, and/or any
govenunental 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
recitE,d.
3.3 All Licensee's work and exercise of rights hereunder shall be
undertaken at time(s) satisfactory to Licensor and so as to eliminate or minimize
any impact on or interference with the safe use and operation of Licensor's
track(s).
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CSXT Form 2037-G - Page 3
Revised January 1997 ~
Agreement No. CSX-03l95l
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 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 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 or from improper
or incomplete repairs or maintenance of Pipeline.
4. PERMITS, LICENSES:
4. 1 Before any work hereunder is performed, or before use of the Cross ing
for l:he 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 CFRl926. 65l(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 2037-G - Page 4
Revised January 1997 ~
Agreement No. CSX-031951
5. MARKING AND SUPPORT:
5.l With respect to any subsurface installation upon Licensor's property,
Licensee, at its sole cost and expense, shall:
(A) Support track(s) and roadbed of Licensor, in a manner
satisfactory to Licensor;
(B) Backfill with satisfactory material and thoroughly tamp all
trenches to prevent settling of surface of land and roadbed of Licensor; and
property or
location(s)
(C) Either remove any surplus earth or material from Licensor's
cause said surplus earth or material to be placed and distributed at
and in such manner as Licensor may approve.
5.2
After construction of Pipeline, Licensee shall:
(A)
Licensor; and
Restore said track(s), roadbed and other disturbed property of
(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 remain responsible for any settlement of the track(s)
or roadbed for a period of one (l) year subsequent to completion of installation.
6. TRACK CHANGES:
6.1 In the event that Licensor's rail operations and/or track maintenance
result in changes in grade or alignment of, additions to, or relocation of
LiceIlsor's track(s) or other facilities, or in the event future use by Licensor
of 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 Licensor's track(s) or operations.
6.2 If Licensee fails to do so, Licensor may make or contract to make
such changes at Licensee's cost.
7. PIPE CHANGES:
7.1 Licensee shall periodically monitor and verify the depth or height
of Pipeline and Crossing in relation to Licensor's tracks and fa.cilities, 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 2037-G - Page 5
Revised January 1997 ~
Agreement No. CSX-03l95l
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 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 by Licensor of its right-of-way, track(s), structures, pole
line(s), devices, other property, or any appurtenances thereto; then and in
either event, Licensee, upon receipt of written notice from Licensor of any such
interference, and at Licensee's sole risk, cost and expense, shall promptly take
such remedial action or make such changes in its Pipeline or its insulation or
carrier pipe, 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
save Licensor harmless from and against any and all liability, loss, claim, suit,
damag;e, charge or expense which Licensor may suffer, sustain, incur or in any way
be subj ected 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,
resul ting from, or in any way connected with the cons truc tion, 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 fault or negligence of Licensor.
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CSXT Form 2037-G - Page 6
Revised January 1997 ~
Agreement No. CSX-03195l
9.2 Use of Licensor's right-of-way involves certain risks of loss or
damage as a result of Licensor's rail operations. Notwithstanding Section 9.1,
Licensee expressly assumes all risk of loss and damage to Licensee's 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 Licensor's 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 Notwithstanding Section 9.1, Licensee also expressly assumes all risk
of loss which may result from Licensee's failure to maintain either the Pipeline
or the required depth and encasement for Pipeline.
9.4 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 Licensor's tracks arising from such Pipeline leakage, etc.
9.5 Obligations of Licensee hereunder to defend, indemnify and hold
Licensor harmless shall also extend to companies and other legal entities that
control or are controlled by or subsidiaries of or are affiliated with Licensor,
and their respective officers, agents and employees.
9.6 If a claim is made or action is brought against either party, for
which the other party may be responsible hereunder in whole or in part, such
other party shall be notified and permitted to participate in the handling or
defense of such claim or action.
10. INSURANCE:
10.1 Prior to commencement of surveys, 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 as
additional 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 Limtt per occurrence for bodily injury liability and property
damage liability is currently recommended as a prudent limit to protect
Licensee's assumed obligations. The evidence of insurance coverage shall be
endorsed to provide for thirty (30) days' notice to RAILROAD prior to
cancellation or modification of any policy.
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CSXT Form 2037-G - Page 7
Revised January 1997 ~
Agreement No. CSX-03l95l
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 lO.l and lO.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 that Licensee or its agents or contractor(s) shall
perform construction or demolition operations within fifty feet (50') of any
operated railroad track(s) or affecting any railroad br~dge, trestle, tunnel,
tracl~(s), roadbed, overpass or underpass, Licensee shall (a) notify Licensor and
(b) pay to Licensor the sum of TWO HUNDRED FIFTY AND 00/100 U. S. DOLLARS
($250.00), to cover the cost of adding this Occupancy (Crossing) to Licensor's
Railroad Protective Liability (RPL) Policy for any period of actual construction
or dE~molition.
11. GRADE CROSSINGS: FLAGGING:
ll.l Nothing herein contained shall be construed to permit Licensee, or
any contractor of Licensee, to move any vehicles or equipment over track(s) of
Licensor, except at public road crossing(s), without separate prior written
approval of Licensor (CSXT Form 7422).
ll.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 1:0 keep persons, equipment and materials away from Licensor's track(s),
Licensor shall have the right to do so at the expense of Licensee, but Licensor
shall not be liable for failure to do so.
ll.3 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, repair, maintenance,
repla.cement or removal, at Licensee's sole risk and expense; and in such event,
Licensor shall not be liable for the failure or neglect of such watchmen,
flagmen, inspectors or supervisors.
12. LICENSOR'S COSTS:
l2.l 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.
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CSXT Form 2037-G - Page 8
Revised January 1997 ~
Agreement No. CSX-03l95l
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.
l2.3 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).
12.4 All undisputed bills or portions of bills not paid within said thirty
(30) days shall thereafter accrue interest at twelve percent (l2%) per annum,
unless limited by local law, and then at the highest rate so permitted. Unless
Licensee shall have furnished detailed objections to such bills within said
thirty (30) days, bills shall be presumed undisputed.
13. DEFAULT, BREACH, WAIVER:
13.1 The proper and complete performance of each covenant of this
Agreement shall be deemed of the essence thereof, and in the event Licensee fails
or refuses to fully and completely perform any of said covenants or to remedy any
breach, within thirty (30) days after receiving a written notice from Licensor
to do so (or within forty-eight (48) hours in the event of notice of a railroad
emergency), Licensor shall have the option of immediately revoking this Agreement
and the privileges and powers hereby conferred, regardless of license 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 any breach of covenant or condition shall
not 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.
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.
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CSXT Form 2037-G - Page 9
Revised January 1997 ~
Agreement No. CSX-03l95l
15. NOTICE:
l5.l Licensee shall give Licensor's Division Engineer (100 Oakland Avenue,
Florence, SC 29506) at least five (5) 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.
l5.2 All other 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 Contract Administration, J180; or at such other address as either
party may designate in writing to the other.
lS.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 effective upon (a) actual receipt, or (b) date of
refusal of such delivery.
16. ASSIGNMENT:
l6.l The rights herein conferred are the privilege 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.
l6.2 Subject to Sections 2.2 and 16.1, this Agreement shall be binding
upon and inure to the benefit of the parties hereto and their respective
successors or assigns.
16.3 Licensee shall give Licensor notice of any legal succession (by
merger, consolidation, reorganization, etc.) or other change of legal existence
or status of Licensee, with a copy of 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 or vendee of Licensor's underlying property
interests in the Crossing, upon notice thereof to Licensee.
16.5 In the event of any unauthorized sale, transfer, assignment,
sublicense of encumbrance of this Agreement, or any of the rights and privileges
hereunder, Licensor, at its option, may revoke this Agreement by written notice
to Licensee or any such assignee; and Licensee shall reimburse Licensor any loss,
cost or expense incurred by Licensor as a result of Licensee's failure to obtain
said consent.
16.6 In the event of sale or other conveyance by Licensor of its Right - of-
Way, across, under or over, which the Crossing(s) is constructed, Licensor's
conveyance shall be made subject to the right of Licensee to continue to occupy
the Crossing on the specific segment of Right-of-Way, and to operate, maintain,
repair, renew thereon and to remove therefrom the facilities of Licensee,subject
to all other terms of this Agreement.
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CSXT Form 2037-G - Page 10
Revised January 1997 ~
Agreement No. CSX-03l95l
17. TITLE; LIENS, ENCUMBRANCES:
17.1 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.
17.2 Nothing herein shall be deemed to act as any warranty, guarantee, or
representation of the quality of title of the Rail Right-of-Way or Corridor
occupied or used under this Agreement. Further, Licensee shall not have or make
any claims against Licensor for damages on account of any failure or
insufficiency or deficiencies in title to such Rail Right-of-Way or Corridor or
any portion thereof covered by this Agreement.
17.3 Nothing in this Agreement shall be deemed to give, and Licensor
hereby expressly waives, any claim of ownership in and to any part of Licensee's
Pipeline.
17.4 Licensee shall not create or permit any mortgage, pledge, security,
interest, lien or encumbrances, including without limitation, tax liens and liens
or encumbrances with respect to work performed or equipment furnished in
connection with the construction, installation, repair, maintenance or operation
of Licensee I s Pipeline in or on any portion of the Crossing (collectively, "Liens
or Encumbrances"), to be established or remain against the Crossing or any
portion thereof or any other Licensor property.
17.5 In the event that any property of Licensor becomes subject to such
Liens or Encumbrances, Licensee agrees to pay, discharge or remove the same
promptly upon Licensee's receipt of notice that such Lien or Encumbrances has
been filed or docketed against the Crossing or any other property of Licensor;
however, Licensee reserves the right to challenge, at its sole expense, the
validity and/or enforceability of any such Liens or Encumbrances.
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 prOV1Slon hereof, nor any agreement or
provision included herein by reference, shall operate or be construed as being
for the benefit of any third person.
18.3 Neither the form of this Agreement, nor any language herein, shall
be interpreted or construed in favor of or against either party hereto as the
sole drafter thereof.
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CSXT Form 2037-G - Page II
Revised January 1997 ~
Agreement No. CSX-03l95l
18.4 This Agreement is executed under current interpretation of applicable
federal, state, county, mun~cipal or other local statute, ordinance or law(s).
However, each separate division (paragraph, clause, item, term, condition,
covenantor agreement) hereof 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 is located.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate (each of which shall constitute an original) the date first above
written.
Witness for Licensor:
Sheila W. Bazar
n. ector Property ervlces
L
Print/Type Title:
Witness for Licensee:
BOARD OF COMMISSIONERS OF AUGUSTA-RICHMOND
COUNTY
ffirms that
authority to do so and to
Licensee to the terms and
of this .Agreement.
~qJ~
By:
Who, b
he/she ha
bind the
conditions
Print/Type Name: Larry E. Sconyers
Print/Type Title: Mayor
Tax Identification No.: 58-2204274
Authority under Ordinance or
Resolution No.
dated May 19. 1998
~.
Tllie dDC\IIlltlllap,lOfrd III
1Er'~~~f!
ttomey Olt.
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CSXT 7455
APPLICATION FOR PIPEL~ CRO.SSIN(; UNDER/OVER PROPERTIES AND TRACK Rev. 1-1)1-1997
(For RR Use) Division f"lO\'<E.NcE J Subdivision ~STi\ Val Sec. (Map)" \ 151 B
Location: Val. Sta. 4--\-\--6d Milepost "'~S- 0..11'\. ~
. f\B* ~ \~)..f1
Application and plans must be approved and written authority received from the Railroad Company before construction is begun.
Proposal and c()nstrUction must be in accordance with CSXT's Specifications; The American Railway Engineering Association
Specifications and any governing laws or regulations. Original and one copy of both applic:uion and drawing should be submitted
to: CSX Transportation, Property Sexvices 1180, 500 Water Screet, Jacksonville, FL 32202. CS y.. - 03 \ q 5 \
1. Complete Legal Name of appli~t: Board of Commissionprs of nll'Jllc:t-;o pi r-nm'-'1710 Co
Company ContaCt Name:_ Jack Murphy Title: oirector/Pllhl i r. Works
Telephone: (706 ) 796-5066 Fax:( 706 796-5045
., Address: 1815 Marvin Griffin Rd. City: Auqusta State: GA Zip: 30906
, Type of business: Individual, Developer, x Municipality, Corporation, (State in
which incOlporated: ), partnership, (type and state of Partnership )
4. Location:' feet (direction) from Railroad Milepost
State dor.ks lp~n ~ ;onoA g.:(SPPRn~nm~srpr
-Valuation Station of Crossing if known:
5. Town: Auqusta
6. Angle of crossing:
7. Temporary t:racl< support or riprapping required? Yes No
8. Wires, poles, obstrUctions to be relocated? Yes No X
9. Product to be conveyed Stormw~rpr Flammable? Yes
10. Max. Working Pressure N/n PSI. Field Test Pressure
II. Location of shm-off valves (~~ p ;0 t- t-;o" rH"'" I" '" n )
12. Number of manholes located on Railroad Right-of-Way:
13. PIPE SPECIFICATIONS: CARRIER PIPE:
Material
Material Specifications & Grade
Minimum Yield Strength of Material PSI
Inside Diameter
Wall Thickness
Outside Diameter
Type of Se:am
Kind of Joints
Total Length Within Railroad Right-of-Way
Vents:Nwnber N/A Size
Seals: Both ends N/A
Bury: Basl~ of rail to top of casing 12
Bury: (Below ditches) feet,
CA TI10DlC PROTECTION: Yes
PROTEC11VE COATING: Yes
14. Method of installation Bore & Jack
15. If application is a revision to an existing agreement, give agreement number and date: N/A
16. If this a supplement to a master (general) agreement, give agreement number and date: N/A
17. If Aegis member, work to be performed by: ~ Contractor ....."..__ Company employ~es
18. Will pipe be located in limits of public road Right-of-Way? Yes . ..)( No -.. .
right-of-way on print. DOT/AAR Crossing No. N/A .
M"]:;""'''etl) vt intgr. Forsyrhp l:;r
Val. Map No. V. 402-S1B or Vl lP1
Richmond State: GA
N Rpynolc'ls St.
County:
~o
x (Describe and Detail on Drawing)
(Describe and Detail on Drawing)
No }{ Temperarure Ambient
PSI. Type Test
CASING PIPE:
Srppl Pip""
('')1
1') KST
4R",,1
.688"
49 176"
N/A
Welded
45 feet
feet; Min _ inches,
inches
No
No
Height above ground
One end
Bury (Not beneath tracks) _ feet..
inches
x
X
Kind
. If "yes", show the road
If application is approved., applicant agrees to reimburse CSXT for any cost incurred by the Railroad incident to installation.
maintenance, and/or supervision necessitated by this pipeline installation and further agrees to assume all liability for accidents or
injuries which arise as a result of this installation. Should open cut installation be required. applicant will be responsible for all costs
incurred by CSXT co remove and reinstall rail and incidental traCk resurfacing. Non-refundable Applic:uion Fee in the amount of
S300.00 is attached.
. /.4/1./L/dLLY 2 ~ /q98
Date
Application
Please Type or Print:
Jack Murphy
Name
Director/Public Works (706 ) 796-5066'
Title Telephone Number
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CSXT Form 2037-G - Page 1
Revised January 1997 ~
Agreement No. CSX-031952
PIPELINE CROSSING AGREEMENT
THIS AGREEMENT, Made as of February 18, 1998, by and between CSX
TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water
Street, Jacksonville, Florida 32202, hereinafter called "Licensor" and BOARD OF
COMMISSIONERS OF AUGUSTA-RICHMOND COUNTY, a municipal corporation, political
subdivision or state agency, under the laws of the State of Georgia, whose
mailing address is 1815 Marvin Griffin Road, Augusta, GA 30906, hereinafter
called "Licensee", WITNESSETH:
WHEREAS, Licensee desires to construct and maintain a certain pipeline
or duct work, solely for the transmission of stormwater, hereinafter called
"Pipeline" under or across the track(s) and property owned or controlled by
Licensor at or near Augusta, County of Richmond, State of Georgia, located at
Valuation Station 37+00, Milepost YAS-0.70, Augusta Subdivision, hereinafter
called the "Crossing"; as shown on print of Licensee's Drawing KL03l952, dated
January 27, 1998, 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 27, 1998, 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 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
operate, use, alter or change said Pipeline
use stated above, for the term herein
termination.
construct, maintain, repair, renew,
at the Crossing above solely for the
stated, and to remove same upon
1.2 The term Pipeline, as used herein, shall include only the pipes,
ducts, casing, vents, manholes, connectors, fixtures, appliances and ancillary
facilities devoted exclusively to the transmission usage above within the
Crossing, and as shown on attached Application Form.
.f' ,-
.,
"
CSXT Form 2037-G - Page 2
Revised January 1997 ~
Agreement No. CSX-03l952
1.3 No additional Pipeline or Wire line or other facilities shall be
placed, allowed or maintained by Licensee in, upon or along the Crossing except
upon separate prior written consent of Licensor.
2. LICENSE FEE; TERM:
2.1 In lieu of annual payments and in consideration of Licensor's waiver
of future fee increases, Licensee shall pay Licensor a one-time nonrefundable
License Fee of TWO HUNDRED FIFTY AND 00/100 U.S. DOLLARS ($250.00) upon execution
of this Agreement.
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 Effective Date of this Agreement shall be the date first written
above. License shall be revocable only in the event of Licensee's default, as
herein provided, but shall also terminate upon (a) Licensee's cessation of use
of the Pipeline or Crossing for the purpose(s) above, (b) removal of '.the
Pipeline, and/or (c) subsequent mutual consent.
2.4 In further consideration for the license or right hereby granted,
Licensee hereby agrees that Licensor shall not be charged or assessed, directly
or indirectly, with any part of the cost of the installation of said 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.l 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.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 elimin~te or minimize
any impact on or interference with the safe use and operation of Licensor's
track(s).
oj
'.
CSXT Form 2037-G - Page 3
Revised January 1997 ~
Agreement No. CSX-03l952
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 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 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 or from improper
or incomplete repairs or maintenance of Pipeline.
4. PI::RMITS, 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
Healt:h Act (OSHA) (20 CFR 1926.65l(b), et al.), and State "One Call" -"Call
Before You Dig" requirements.
4.2 Licensee assumes sole responsibility for failure to obtain such
permi.t(s) or approval(s), for any violations thereof, or for costs or expenses
of compliance or remedy.
'j
."
CSXT Form 2037-G - Page 4
Revised January 1997 ~
Agreement No. CSX-03l952
5. MARKING AND SUPPORT:
5,1 With respect to any subsurface installation upon Licensor's property,
Licensee, at its sole cost and expense, shall:
(A) Support track(s) and roadbed of Licensor, in a manner
satisfactory to Licensor;
(B) Backfill with satisfactory material and thoroughly tamp all
trenches to prevent settling of surface of land and roadbed of Licensor; and
property or
location(s)
(C) Either remove any surplus earth or material from Licensor's
cause said surplus earth or material to be placed and distributed at
and in such manner as Licensor may approve.
5.2
After construction of Pipeline, Licensee shall:
(A)
Licensor; and
Restore said track(s), roadbed and other disturbed property of
(B) Erect, maintain and periodically verify the
aboveground markers, in a form approved by Licensor, indicating
depth and ownership of Pipeline or related facilities.
accuracy of
the location,
5.3 Licensee 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. TRACK CHANGES:
6.1 In the event that Licensor's rail operations and/or track maintenance
resul t in changes in grade or alignment of, additions to, or relocation of
Licensor's track(s) or other facilities, or in the event future use by Licensor
of right-of-way and property necessitate any change of location, height or depth
of Pi.peline 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 Licensor's track(s) or operations.
6.2 If Licensee fails to do so, Licensor may make or contract to make
such changes at Licensee's cost.
7. PIPE CHANGES:
7.1 Licensee shall periodically monitor and verify the depth or height
of Pipeline and Crossing in relation to Licensor's 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.
. ;
CSXT Form 2037-G - Page 5
Revised January 1997 ~
Agreement No. CSX-03l952
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 in operating pressure, or change in materials
t~ansmitted 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 by Licensor of its right-of-way, track(s), structures, pole
line(s), devices, other property, or any appurtenances thereto; then and in
ei th':lr 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 or its insulation or
carrier pipe, 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
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 subj ect:ed 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, maintenarice, 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 fault or negligence of Licensor.
CSXT Form 2037-G - Page 6
Revised January 1997 ~
Agreement No. CSX-03l952
9.2 Use of Licensor's right-of-way involves certain risks of loss or
damage as a result of Licensor's rail operations. Notwithstanding Section 9.l,
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 Licensor's 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 Notwithstanding Section 9.l, Licensee also expressly assumes all risk
of loss which may result from Licensee's failure to maintain either the Pipeline
or the required depth and encasement for Pipeline.
9.4 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 Licensor's tracks arising from such Pipeline leakage, etc.
9.5 Obligations of Licensee hereunder to defend, indemnify and hold
Licensor harmless shall also extend to companies and other legal entities that
control or are controlled by or subsidiaries of or are affiliated with Licensor,
and their respective officers, agents and employees.
9.6 If a claim is made or action is brought against either party, for
which the other party may be responsible hereunder in whole or in part, such
other party shall be notified and permitted to participate in the handling or
defense of such claim or action.
10. INSURANCE:
lO.l 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 pol.icy of Commercial General Liability Insurance (CGL) , naming Licensor as
additional insured and covering liability assumed by Licensee under this
Agreement. A coverage limit of not less than THREE MILLION DOLLARS ($3,000,000)
Combined Single Limit per occurrence for bodily injury liability and property
damage liability is currently recommended as a prudent limit to protect
Licensee's assumed obligations. The evidence of insurance coverage shall be
endorsed to provide for thirty (30) days' notice to RAILROAD prior to
cancellation or modification of any policy.
CSXT Form 2037-G - Page 7
Revised January 1997 ~
Agreement No. CSX-03l952
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
pur~hased 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.
lO.4 Securing such insurance shall not limit Licensee's liability under
this Agreement, but shall be additional security therefor.
lO.S In the event that Licensee or its agents or contractor(s) shall
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) pay to Licensor the sum of TWO HUNDRED FIFTY AND 00/100 U. S. DOLLARS
($250.00), to cover the cost of ~dding this Occupancy (Crossing) to Licensor's
Railroad Protective Liability (RPL) Policy for any period of actual construction
or demolition.
11. GRADE CROSSINGS: FLAGGING:
ll.l Nothing herein contained shall be construed to permit Licensee, or
any contractor of Licensee, to move any vehicles or equipment over track(s) of
Licensor, except at public road crossing(s), without separate prior written
approval of Licensor (CSXT Form 7422).
ll.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 Licensor's track(s),
Licensor shall have the right to do so at the expense of Licensee, but Licensor
shall not be liable for failure to do so.
ll.3 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, repair, maintenance,
replacement or removal, at Licensee's sole risk and expense; and in such event,
Licensor shall not be liable for the failure or neglect of such watchmen,
flagmen, inspectors or supervisors.
12. LICENSOR'S COSTS:
l2.l 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.
CSXT Form 2037-G - Page 8
Revised January 1997 ~
Agreement No. CSX-03l952
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.
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).
12.4 All undisputed bills or portions of bills not paid within said thirty
(30) days shall thereafter accrue interest at twelve percent (12%) per annum,
unless limited by local law, and then at the highest rate so permitted. Unless
Licensee shall have furnished detailed objections to such bills within said
thirty (30) days, bills shall be presumed undisputed.
13. DEFAULT, BREACH, WAIVER:
13.1 The proper and complete performance of each covenant of this
Agreement shall be deemed of the essence thereof, and in the event Licensee fails
or refuses to fully and completely perform any of said covenants or to remedy any
breach,within thirty (30) days after receiving a written notice from Licensor
to do so (or within forty-eight (48) hours in the event of notice of a railroad
emeq~ency), Licensor shall have the option of immediately revoking this Agreement
and the privileges and powers hereby conferred, regardless of license 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 any breach of covenant or condition shall
not be construed as a permanent waiver of such covenant or condition, or any
subsequent breach thereof, unless such covenant or condi tion is permanently
waived in writing by Licensor.
14. TIERMINATION, 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.
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.
CSXT Form 2037-G - Page 9
Revised January 1997 ~
Agreement No. CSX-031952
15. NOTICE:
15.1 Licensee shall give Licensor's Division Engineer (100 Oakland Avenue,
Floren~e, SC 29506) at least five (5) 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.
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
above, 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 effective upon (a) actual receipt, or (b) date of
refusal of such delivery.
16. ASSIGNMENT:
16.1 The rights herein conferred are the privilege of Licensee only, and
Licensee'shall obtain Licensor's prior written consent to any ass ignment of
Licensee's interest herein; said consent shall not be unreasonably withheld.
16.2 Subject to Sections 2.2 and 16.1, this Agreement shall be binding
upon and inure to the benefit of the parties hereto and their respective
successors or assigns.
16.3 Licensee shall give Licensor notice of any legal succession (by
merger, consolidation, reorganization, etc.) or other change of legal existence
or status of Licensee, with a copy of 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 or vendee of Licensor's underlying property
interests in the Crossing, upon notice thereof to Licensee.
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 written notice
to Licensee or any such assignee; and Licensee shall reimburse Licensor any loss,
cost or expense incurred by Licensor as a result of Licensee's failure to obtain
said consent.
16.6 In the event of sale or ot~er conveyance by Licensor of its Right-of-
Way, across, under or over, which the Crossing(s) is constructed, Licensor's
conveyance shall be made subject to the right of Licensee to continue to occupy
the Crossing on the specific segment of Right-of-Way, and to operate, maintain,
repair, renew thereon and to remove therefrom the facilities of Licensee,subject
to all other terms of this Agreement.
CSXT Form 2037-G - Page 10
Revised January 1997 ~
Agreement No. CSX-03l952
17. TITLE; LIENS, ENCUMBRANCES:
17.1 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.
17.2 Nothing herein shall be deemed to act as any warranty, guarantee, or
representation of the quality of title of the Rail Right-of-Way or Corridor
occupied or used under this Agreement. Further, Licensee shall not have or make
any claims against Licensor for damages on account of any failure or
insufficiency or deficiencies in title to such Rail Right-of-Way or Corridor or
any portion thereof covered by this Agreement.
17.3 Nothing in this Agreement shall be deemed to give, and Licensor
hereby expressly waives, any claim of ownership in and to any part of Licensee's
Pipeline.
17.4 Licensee shall not create or permit any mortgage, pledge, security,
interest, lien or encumbrances, including without limitation, tax liens and liens
or encumbrances with respect to work performed or equipment furnished in
connection with the construction, installation, repair, maintenance or operation
of Licensee's Pipeline in or on any portion of the Crossing (collectively, "Liens
or Encumbrances"), to be established or remain against the Crossing or any
portion thereof or any other Licensor property.
17.5 In the event that any property of Licensor becomes subject to such
Liens or Encumbrances, Licensee agrees to pay, discharge or remove the same
promptly upon Licensee's receipt of notice that such Lien or Encumbrances has
been filed or docketed against the Crossing or any other property of Licensor;
however, Licensee reserves the right to challenge, at its sole expense, the
validity and/or enforceability of any such Liens or Encumbrances.
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 prov~s~on hereof, nor any agreement or
provision included herein by reference, shall operate or be construed as being
for the benefit of any third person.
18.3 Neither the form of this Agreement, nor any language herein, shall
be interpreted or construed in favor of or against either party hereto as the
sole drafter thereof.
CSXT Form 2037-G - Page 11
Revised January 1997 ~
Agreement No. CSX-03l952
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 di .,jisf.on (paragraph, clause, item, term, condition,
covenant or agreement) hereof 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 is located.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate (each of which shall constitute an original) the date first above
written.
.~t~
Witness for Licensor:
Print/Type Title:
Witness for Licensee:
BOARD OF COMMISSIONERS OF AUGUSTA-RICHMOND
COUNTY
#n~
ffirms that
authority to do so and to
Licensee to the terms and
of this Agreement.
Who, b
he/she has
bind the
conditions
Print/Type Name: Larry E. Sconyers
Print/Type Title: Mayor
~
Tax Identification No.:
58-2204274
Authority under Ordinance or
Resolution No.
dated May 19, 1998
Tlllt doC\lIIltlll 1PPfO'4e6 0'
F~'~.f
omey oJ;
4
.
. '
APPLICATION FOR PIPELINE CROSSING UNDER/OVER PROPERTIES AND TRACK
CSXT 7455
Rev. \..<')\..1997
(For RR Use) Division ~ \..O~8-JCE. Subdivision ~~~
Location: Val. Sta. 3 '1,+0 0 Milepost YA S - () /16 .
Val Sec. (Map) \J \ S \B
~~~ ~\ ). '1
Application and plans must be approved and written authority received from the Railroad Company before constrUction is begun.
Proposal and construction must be in accordance with CSXT's Specifications. The American Railway Engineering Association
Specifications and any governing laws or regulations. Original and one copy of both application and drawing should be submitted
to: CSX Transportation, Property Services 1180, 500 Water Street, Jacksonville, FL 32202. C SX -63 \ q sa..
I. Complete Legal Name of applicant: Board of Commissioners of Augusta-Richmond Co.
Company ContaCt Name: Jack Murphv Title:l).irector/Public Works
Telephone: ( 7nQ ) 796-5066 Fax:( 7nQ 796-5045
2. Address: 1815 Marvin Griffin Rd. City: Allgll<:;t-rl State<::A Zip: inqnF,
.). Type of business: Individual, Developer, x Municipality, Corporation, (State in
which incorporated: ), parmership, (type and state of Parmership )
4. Location: feet (direction) from Railroad Milepost
State docks lead S and A 0.7 (See Roadmaster McEleven) at inter. 2nd St. & Revnolds St.
'Valuation Station of Crossing if known: Val. Map New. 40l-S1B or Vl lPl
5. Town: Augusta County: Richmond State: (;A
6. Angle of crossing: 90
7. Temporary track support or riprapping required? Yes
8. Wires, pole:;, obstrUctions to be relocated? Yes No x
9. Product to be conveyed Stormwater Flammable? Yes
10. Max. Working Pressure N/A PSI. Field Test Pressure
11. Location of shut-off valves (See attached plan)
12. Number of manholes located on Railroad Right-of-Way:
13. PIPE SPECIFICATIONS: CARRIER PIPE:
Material Steel piDR
Material Specifications & Grade C 5 3
Minimum Yield Strength of Material PSI 35 KSI
Inside DiaIIleter 48"
Wall Thickness .688"
Outside Di.lI11eter 49 . 3 7 6 "
Type of Seam N/A
Kind of Joints Welded
Total Length Within Railroad Right-of-Way 45 feet
Vents: Number N/A Size
Seals: Both ends N/A
Bury: Base of rail to top of casing 1::>
Bury: (Below ditches) feet,
CATIlODIC PROTECTION: Yes
PROTECTIVE COATING: Yes
14. Method of installation Bore & Jack
15. If application is a revision to an existing agreement, give agreement number and date:
16. If this a supplement to a master (general) agreement, give agreement number and date:
17. If Aegis member, work to be perfonned by: .1S.- ContraCtor _ Company emploYJ:es
18. Will pipe be located in limits of public road Right-of-Way? Yes_:. ~ Y No
right-of-wa~ on print.. DOT/AAR Crossing No. N/A
(Describe and Detail on Drawing)
(Describe and Detail on Drawing)
No X T~peranrre Ambient
PSI. Type Test
No X
CASING PIPE:
feet, -lr1i+1.- inches,
inches
No
No
Height above ground
One end
Bury (Not beneath tracks) _ feet,
inches
x
x
Kind
N/A
N/A
If "yes", show the road
If application is approved, applicant agrees to reimburse CSXT for any cost incurred by the Railroad incident to installation..
maintenance, and/or supervision necessitated by this pipeline installation and further agrees to assume all liability for accidents or
injuries which arise as a result of this installation. Should open cut installation be required. applicant will be responsible for all costs
incurred by CSXT to remove and reinstall rail and incidental traCk resurfacing. Non-refundable Application Fee in the amount of
S300.00 is attached.
~"#I2,Y 2 -;: / gge
Date
Jack MU~prY'
Name
Director/Public (706 ) 796-5066'
Title Works Telephone Number
Please Type or Print:
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