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1946-02PART ONE-Form 3530 THIS AGREEMENT, Made and entered into this22nd day of August 1946, by and between the Atlantic Coast Line RAILROAD COMPANY, a corpora- tion created and organized under and by virtue of the laws of the State of Virginia; hereinafter for convenience styled the Railroad Company, the first party, and the City of Clermont, a municipal corporation under the laws of the State of Florda, the second party: WITNESSETH, That the Railroad Company, for and in consideration of the sum of One Dollar to it in hand paid by the second party, the receipt whereof is hereby acknowledged, and the performance of the covenants hereinafter contained on the part of the second party, does hereby give and grant unto the second party the right and privilege to lay and maintain, for the purpose, of conducting water, a line of 6-inch transite pipe across the right of way and under tracks of said Railroad Company at Clermont, Florida, at a point 268.9 feet south- westwardly, measured along the center line ot said Railroad Company's main track, trom mile post 45 (Sanford mileage), said line of pipe being parallel With the center line ot Second Street, and being shown in red on the blue print hereto attached and made a part hereof said right of way being 30 teet wide on each side of the center line of said main track. And the second party hereby covenants and agrees with the Railroad Company in consider- ation thereof, as follows: (1) That the second party shall lay and maintain said pipe in a manner satisfactory to the Engineer Maintenance of Way of the Railroad Company and so as not to interfere with pipe or other structures now in place; and in the event that the said pipe shall become in need of re- pairs, the second party shall repair same upon notice given by the said Engineer, and upon the failure of the second party to make such repairs, the Railroad Company may make all necessary re- pairs, but at the cost of the second party, which said cost the second party hereby agrees and prom- ises to pay on demand. (2) That the second party shall assume entire responsibility for all damages caused in any manner by the said pipe to the property or employees of the Railroad Company or to any other person or property; and that the second party shall protect and save harmless the Railroad Com- pany from any and all damages and losse's caused in any manner from the said pipe, howsoever resulting. (3) That the second patty will at any time, upon thirty days' written notice. given by the Railroad Company, change and alter the location of said pipe to conform to any changes or improvements that may made by .the Railroad Company in its tracks. or roadway at said loca- tion. It is expressly understood and agreed that no assessment shall be made against the Railroad Company to cover the cost (or any part thereof) of construction and/or maintenance of said pipe, including material, labor and any other item of expense incident thereto. (4) That the second party will pay to the Railroad Company, on bills rendered by the Rail- road Company, the full amount of all cost and expense which may be incurred by the Railroad Company in protecting its track or tracks by driving piling or by other means while said pipe is being placed therunder. (5) That the portion of laid line of pipe underneath the Railroad Company's tracks and roadbed thereof shall be encased by and at the. expanse of the second party in a cast iron pipe conduit, placed at a minimum depth of 48 inches below the base of rail of said main track--meaaurement being to the top of the conduit. It is understood and agreed that this contract shall not be binding until it has been ratified by proper ordinance or resolution of the City Council of the second party, a copy of which resolution or ordinance is attached hereto and made part of this agreement, . IN WITNESS WHEREOF, The Railroad Company has caused this agreement to be signed in duplicate by its proper officer; and the second partr has caused the same to be signed by its Mayor, attested by its Clerk, and approved and ratified by its City Council jn session at a duly authorized and called meeting of said body, and its corporate seal affixed on the day and year first above written. Witnesses for Railroad Company: ATLANTIC COAST LINE RAILROAD COMPANY Vice President Witnesses for Second Party City of Clermont By Mayor Attest: By Clerk. State. Documentary Tax Stamps in amount of 20 cents have been affixed to Original Contract on file in office of Real Estate Agent at Wilmington. N. C. Approved: Engineer Maintenance of Way Approved: General Superintendent Approved as to execution Division Counsel Approved and Description Checked: Real Estate Agent Approved as to Form: Division Counsel PART THREE-Form 3530 Extracts from minutes of meeting of City Council of Clermont, FLorida held on the 19th day of June 1946. RESOLUTION Be it resolved by the City Council of the City of Clermont, Florida in regular meeting assembled, that the Mayor of said City be, and he hereby is,authorized to enter into an agree- ment with the Atlantic Coast Line Railroad Company, and to sign same on behalf of said City of Clermont, Florida, whereby the said Railroad Com- pany gives and grants unto the said City the right and privilege to lay and maintain, for the purpose of conducting water,.a line of 6-inch transite pipe across the right of way and under tracks of said Railroad Company at Clermont, Florida, at a point 268.9 feet sQQthwestwardly, measured along the center line of said Railroad Company's main track, from mile post 45 (Sanford mileage), said line of pipe being parallel with the center line of Second Street, and being shown in red on the blue print hereto attached and made a part hereof, said right of way being 30 feet wide on eaoh side of the center line of said main track. (Seal) I certify the above to be a true and correct copy. Clerk.