HomeMy WebLinkAboutPipline Crossing
Augusta Richmond GA
DOCUMENT NAME: IV~~ \ ~ ,,<::c CXC;~;0;:>
DOCUMENTTYPE: A~~~n>~~
YEAR: 02-
BOX NUMBER: I L\
FILE NUMBER: J 56:)-cr
NUMBER OF PAGES: 1(;
.-
AUGUSTA-RICHMOND COUNTY COMMISSION
.JAMESB. WALL
CITY ATTORNEY
LEE BEARD
TOMM\' BO\'LES
ULMER BRIDGES
ANDY CHEEK
BOIlIlY G, HANKERSON
WILLIAM B. KUIJLKE. JR.
\\'M. ""'ILLlE" H. 1\'1/"'$, III
STEPHEN E, SIJEPARD
MARION WILLIAMS
BOB YOUNG
Mayor
P,O, Box 2125
454 GREENE STREET
AUGUSTA, GA 30903
Bus. (706) 821-2488
FAX No: (706) 722-5984
. E-MAIL: JWALL@CO.RICIJMOND.GA.US
GEORGE R. KOLB
Administrator
RICHARD L. COLCLOUGH
Mayor Pro Tem'
June 14, 2002
Ms. Lena- Boniler
Clerk,' Commission
8th Floor, City-County Bldg.
Augusta, GA 30911
RE: CSX Agreement No. CSX-043305
Dear Lena:
_ I enclose herewith the original of the Pipeline Crossing Agreement made as of
April- 9, 2002, between CSX Transportation and Augusta. Please include this in the City's
permanent records.
With best personal regards, I am
Yours very truly,
(\1 :.. )
'----7f-~
James B. WallJ~
JBW/sjp
Enclosure
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CSXT Form 2037G - Page I
Revised March 19990
Agreement No. CSX-043305
PIPELINE CROSSING AGREEMENT
THIS AGREEMENT, Made as of April 9, 2002, by and between CSX
TRANSPORTATION, INe., 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 Street, Suite 180, Augusta, Georgia 30901,
hereinafter called "Licensee," WITNESSETH:
WHEREAS, Licensee desires to construct, use and maintain a pipeline, solely for the
transmission of water, 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 148+84, Milepost AK-457.78, Augusta Subdivision, hereinafter
called the "Crossing," as shown on print of Licensee's Drawing KL043305, dated
February 28,2002, attached hereto and made a part hereof; other details and data pertaining to
said Pipeline being as indicated on Licensee's Application Form, dated March 12,2002, 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 l1erein stated, and to remove same upon
termination.
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.
1.3 No additional 'pipeline 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.
....- ~
"
,: ....'
CSXT Forn12037G - Page 2
Revised March 1999 0
Agreement No. CSX-043305
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 nomefundable License Fee of SEVEN
THOUSAND SIX HUNDRED AND 001100 U.S. DOLLARS ($7,600.00) upon execution ofthis
Agreement. Licensee agrees that the License 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 be effective upon the date first written above. License shall
be revocable only, as herein provided, but shall also terminate upon (a) Licensee's cessation of use
of the Pipeline or CrossingJor 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 ofthe 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 ofmaterial(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 track(s).
'.
CSXT Form 2037G - Page 3
Revised March 1999 0
Agreement No. CSX-043305
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 forthe 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 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 Licen'see'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.
. .
CSXT Form 2037G - Page 4
Revised March 1999 0
Agreement No. CSX-043305
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 rqadbed 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
(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 of Licensor; 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 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 result 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 oflbcation, height or depth of Pipeline o.r 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 20370 - Page 5
Revised March 1999 0
Agreement No. CSX-043305 ,
7.2 If Licensee undertakes to revise, renew, relocate .or change all or any part of
Pipeline (including any change in.Circwnference, 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. JNTERFERENCE 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, p<?le 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 asswning any duty hereunder to inspect Licensee's Pipeline, I~icensor
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 assll1:nes, and, to the fullest extent permitted by State law
(Constitutional or Statutory, as amended), shall defend, indemnify, and hold Licensor hannless
from and against any and all liability, loss, claim, suit, damage, charge or expense which Licensor
may suff~r, 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
misconduct or negligence of Licensor
CSXT Form 2037G - Page 6
Revised March 1999 0
Agreement No. CSX-043305
9.2 Use of Licensor's right-of-way involves certain risks ofloss 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 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.
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, 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.
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 AND 00/1 00
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 limit to protect Licensee's assumed
obligations. The evidence of insurance coverage shall be endorsed to proVIde for thirty (30) days'
notice to Licensor prior to cancellation or modification of any policy. Mail CGL certificate, along
with agreement, to CSX Transportation, Inc., Speed Code Jl80, 500 Water Street, Jacksonville, FL
32202. On each successive year, send certificate to Speed Code J907 at the address listed above.
'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.
.......,
CSXT Form 2037G - Page 7
Revised March 1999 0
Agreement No, CSX-043305
lO.3 Notwithstanding the provisions of Sections 10.1 and 1 0.2, 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.
.10A Securing such insurance shall not limit Licensee's liability under this Agreement,
but shall be' additional security therefor. ,
lO.5 Specifically to cover construction and/or demolition activities 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 pay to Licensor the sum of ONE THOUSAND FIVE
HUNDRED AND 001100 U.S. DOLLARS ($1,500.00), to cover the cost of adding this Crossing to
Licensor's Railroad Protective Liability (RPL) Policy for the period of actual construction.
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 track(s) of Licensor, 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, equipmeilt 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.
11.3 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:
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.
CSXT Form 2037G - Page 8
Revised March 1999 0
Agreement No. CSX-043305
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 undisputed portions of bills not paid within said thirty (30)
days shall thereafter accrue interest at eighteen percent (18%) 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 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 iInmediately 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 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 ac.crued hereunder, ahd 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 fromthe 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 20370 - Page 9
Revised March 1999 0
AgreementNo. CSX-043305
15. NOTICE:
15.1 Licensee shall give Licensor's Chief Regional Engineer - Southern Region (Southern
Region, 6735 Southpoint Drive, South, Jacksonville, FL 32216) 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 Chief Regional Engineer - Southern Region.
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 or vendee of Licensor's underlying property interests in the Crossing, upon written
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 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.
16.6 In the event of sale or other conveyance by Licensor of its Right -of- Way, across,
under or over, which the Crossing 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 20370 - Page 10
Revised March 1999 0
Agreement No. CSX-043305
17. TITLE; LIENS, ENCUMBRANCES:
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 herein.
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, as "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, and
Licensee acknowledges that it does not have the right to occupy any such portion of the Right-of-
Way without also receiving the consent ofthe owner of the fee simple absolute estate. In such
cases, Licensee shall not be permitted access to the Right-of-Way until it provides Licensor with
evidence, reasonably satisfactory in Licensor's sole discretion, that Licensee has either obtained the
consent of the owner of the fee simple absolute estate, or does not otherwise require such consent.
Further, Licensee shall not obtain, exercise or claim any interest greater than the rights of Licensor
in the Right-of-Way, under this Agreement.
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 theevent 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 full 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.
"
CSXT Form 2037G - Page II
Revised March 1999 0
Agreement No. CSX-043305
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
in~luded 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.
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 oflegality, 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.
19. RIDERS:
.. The following Rider(s) is/are herewith attached and included herein:
[ X ] Telecommunication Cable,or Fiber Optic line
.;. . .
CSXT Form 2037G - Page 12
Revised March 1999 0
Agreement No. CSX-043305
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
(each of which shall constitute an original) as ofthe date and year first above written.
~J~~ ~~A:U~~
~
::XT~~T:;J!Jl
Print/Type Name: (l-',' ./ Karen E. Mohler.
O1r~clor - Contract Admlnistratl00n
Witness for Licensor:
Print/Type Title:
;r;"i!jl~
AVG
:0, by the executio hereof, a Ii s that helshe ~ A
has the authority to d so and to md the Licensee . W
to the terms and conditions of this Agreement.
Print/Type Name: '73oB, lfOUr(6,
Print/Type Title: /'fl.A-<-toR--
Tax Identification N~mber: '5~ -:<~ o'/c:l. 71
Authority under Ordinance or
Resolution No.
dated
... . _'. r..
; - :. #
COMMUNICATIONS CABLE OR FIBER OPTIC LINE PROTECTION RIDER
. 1. No construction of any type pursuant or related in any way to this Agreement shall
be commenced by Licensee, or by aI].y agent, representative, contractor, subcontractor of Licensee,
without Licensee first giving at least thirty (30) days written notice to the following Parallel Cable
Occupier(s):
/
Mr:Eddie Griffin
MCI Telecommunications Corporation
2250 Lakeside Blvd
Dept 42864 Location 642
Richardson, TX 75082
Phone No. (800) 624-9675
or (972) 656-5159
(NOTE: WRITTEN CONSENT OF MCI IS ALSO
REQUIRED)
("Melli)
2. The notice shall be accompanied by drawing(s) showing the general plan, elevation,
details and methods of Licensee's proposed construction, and the location ofOccupier(s)' cable or
facilities in relation to Licensee's proposed construction.
3. Prior to any construction, Licensee must locate and identify, any existing cable,
wire or fiber optic line (including any appurtenances. thereto) of said cable occupier( s) traversing or
located in, on, or immediately adjacent to the proposed Crossing, at Licensee's sole risk. .
4. Any changes, alteration, relocation or protection ofwire(s), cable(s) or facilities of
such Occupier(s), required by said Occupier(s), shall be at Licensee's sole expense except as
otherwise negotiated between Licensee and said Occupier(s).
5. Licensee shall be solely responsible and liable for any damage to (e.g., cutting,
dislocating, etc.) said wire(s) or cable(s), and appurtenances thereto, resulting in any way from
Licensee's exercise of rights or privileges under this Agreement. .
6. " Licensee shall defend, indemnify and hold Licensor harmless from any such
damage claims and any relocation or protection costs of said Occupier( s).
CSX TRANSPORTATION, INC.
.J.ucensor: 14"-M
tf" (Initial)
AUGUSTA,
~h 107__
, ,
(Date)
(
5;/ '?II):L
(Date
q." .~:'. '. .
~...
, ,,0. <fo, RR Use) Division ~ LO~ Subdivision !,<1Jl:,,\Xs.~ Val Sec. (Map) \j';}. 'i\bt\/';).
U \(_ n \ I
. Location: Val. 'Sta. \ l\- <6'+ <6..,- Milepost f\- ~ - 4--S c1_ I <6 No. Crossings
". "f\-~ ~ 0 'ld-. d-d-
Application and plans must be approved and written authority received from the Railroad Company beto~e construction is begun.
Original and one copy of both application and drawing, along with a nonrefundable Application Fee in the amount of.~5QQ.ge should be
submitted to: CSX Transportation, Property Services 1180, 500 Water Street, Jacksonville, FL 32202. $1050.0.0
~: ~~:';:~~a~~~:~f applicant Augus ta l~f~J; ~ ([><~:0 t _ on t C S'( - () 1.\-3 3D 5
Company Contact Name: N. Max Hicks., P. E. Title: Director
Telephone: ( 7 0 6 ) 3 1 2 _ 4 1 2 2 Fax:( 7 0 6 ) 3 1 2 - 4 1 2 3
3. Address: 360 Bay street, Ste. 180 City: Auqusta State: GA Zip: 30901
4. Type of business: Individual, Developer,~Municipality, Corporation, (State in which
incorporated: ), Partnership,(type and state of Partnership . )
5. Location: 1 1 62 feet C e 1:1 t-h W~ (direction) from Railroad Milepost 457
Valuation Station of Crossing ifknown: Val. Map No.
6. Town: AllgllRti'l County: Richmond
7. Angle of crossing: 9 00
8. Temporary track support or riprapping required? Yes No
9. Wires, poles, obstructions to be relocated? Yes No x
10. Product to be conveyed Raw Water Flammable? Yes
11. Max. Working Pressure 1 60 PSI. Field Test Pressure 1 50
12. Location of shut-off valves Crossinq @"STA 95+35 :BFVs I@STA 0+00
13. Number of manholes located on Railroad Right-of-Way: 01
14. PIPE SPECIFICATIONS: CARRlERPIPE:
Material Ductile lorn"
Material Specifications & Grade 60 - 4 2 - 1 0
Minimum Yield Strength of Material PSI 4 2 , 0 0 0 PSI
Inside Diameter 42 IN.
Wall Thickness 0 .47 IN.
Outside Diameter 44 t) TN
Type of Seam . ~-f\V..LrSS
Kind ofJoints Mechanical
Total Length Within Railroad Right-of-Way 1 00 FT.
Vents: Number 01 Size Height above ground
Seals: Both ends Yes One end
Bury: Base of raiHo top of casing 2 0 feet, 3 . inches, Bury (Not beneath tracks) - feet,
Bury: (Below ditches) NA* feet, inches .*No di tch ~ / in row
CATIIODIC PROTECTION: Yes No x .
PROTECTNE COATING: Yes . x No
15. Method of installation .Ti'l r.k Ii. Rnrp
16. If application is a revision to an existing agreement, give agreement number and date:
" CShT 14:>:> Kev. ~/.lIUl
APPLICATION FOR PIPELINE CROSSING UNDER/OVER PROPERTIES AND TRACK
State: GA
x (Describe and Detail on Drawing)
(Describe and Detail on Drawing)
No x Temperature
PSI. Type Test Pressure
& STA 139+66
CASING PIPE:
steel
~ (\d.<6 3 ~~~o~ C-.
35,000 PSI
60 IN.
o .781 IN.
f\1 f\ TN
~~lftSs.
Welded
1 00 FT.-
inches
KindBituminous Coatinq
or PE Encasement
17. If this a supplement to a master (general) agreement, give agreement number and date:
18. If Aegis member, work to be performed by: _ Contractor _ Company employees
19. Will pipe be located in limits of public road Right-of~Way? Yes No. x
road number and width of Right-of-Way on print). DOT/AAR Crossing No.
. (If "yes", show name
Proposal and construction must be in accordance with CSXTs Specifications, The American Railway Engineering Association, and any
governing laws or regulations. Please note that the specifications furnished in the Pipeline Application Package are to be used as a
guideline only, CSXT reserves the right to approve or decline any application.
t11Ai(tf It )~o Z
Date
Please Type or Print:
N. Max Hicks
Name
Director
Title
~ 312-4122
Telephone Number
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