HomeMy WebLinkAboutBPW-10-16-85 SBD/St. Vincent RE-81899
2RG0830851 21
THIS ASREE~NT, Made this 29th day of August, 1985, by and between the
SEABOARD SYSTEM RAILROAD, INC., a Virginia corporation, hereinafter referred
to as SBD; ST. VINCE~ CAR~L HOSPITAL, an Indiana corporation, whose mailing
address is P. O. Box 1903, Carmel, Indiana 46032-4903, hereinafter referred
to as the Developer, and the CITY OF CARMEL, a municipal corporation under
the laws of the State of Indiana, hereinafter referred to as the City.
WITNESSETH: That SBD, for and in consideration of the sum of One Dollar
to it in hand paid by the Developer, the receipt of which is hereby
acknowledged, and of the covenants and agreements hereinafter made and
contained on the part.of the Developer and the City to be kept and performed,
hereby grants, insofar as its title enables it so to do, unto the Developer
the right or license to install, and also grants unto the City the right or
license to maintain thereafter, for the purpose of conducting SEWAGE, a line
of 18-inch reinforced concrete pipe, encased in a 30-inch steel pipe, across
the right of way and under trackage of Licensor at or near CAI~IEL, INDIkNA,
at a point 355 feet southeastwardly measured along the center line~ of
Licensor's main track from Milepost QA-167, as shown in green on print of
Licensee's Drawing dated March 15, 1985, attached hereto and amde a part
hereof; other details and data pertaining to said pipe, including the method
of installation and the minimum depth of placement thereof which must be
adhered to, being as indicated on application form dated April 9, 1985, also
attached hereto and made a part hereof.
Said lines of pipe and encasement.pipes
hereinafter, for convenience, sometimes referred to as
"Facilities".
And the parties hereto hereby covenant and agree as follows:
1. The Developer shall, at the Developer's expense, install said
facilities in a manner in all respects satisfactory to the Division Engineer
of SBD. After said facilities have been installed, the City will assume
ownership and maintenance thereof, and shall thereafter maintain said
facilities at the City's expense and in a manner in all respects satisfactory
to the Division Engineer of SBD. In the event said facilities shall require
repair or renewal, the City shall make such repair or renewal without any
expense whatsoever to SBD; and upon failure of the City so to do, said
Division Engineer shall give written notice to the City, and upon the failure
of the City to make, or arrange for, repair or renewal within thirty days
after such notice, SBD may make all necessary repair or renewal at the cost
of the City, which cost of the City agrees to pay on demand.
2. The Developer shall install, and the City shall maintain, above
ground and in a manner and at such locations as may be designated by said
Division Engineer~ markers to plainly indicate the location, depth at which
installed and ownership of said facilities. The City will, without any
expense whatsoever to SBD, at any time upon thirty days' written notice given
by SBD, change and alter the location of said facilities to conform to any
changes or improvements that may be made by SBD in its trackage or roadway at
said location, or to permit the utilization of SBD's right of way, or other
lands for the construction of tracks, buildings or other structures.
Sheet 2
3(a). SBD shall not be responsible in any manner for loss of or damage
to said pipe and the contents thereof from any cause whatsoever~ and
Developer or the City shall and does hereby assume, and agrees ~o indemnify
and hold harmless SBD, its successors and assigns, from and against all loss,
costs, expenses, including attorneys~ fees, claims, suits and judgments
whatsoever in connection with injury to or death of any person or persons or
loss of or damage to property caused by or in any way connected with the
installation, maintenance, use or presence of said pipe and appurtenances on
said premises, howsoever caused.
(b). Any provision herein to the contrary notwithstanding Developer or
the City agrees to indemnify and hold harmless SBD from all claims, costs and
expenses (including attorneys, fees) as a consequence of any incident
resulting in the pollution of air, water, land and/er ground water arising
from or in connection with the grant of this indenture or any supplements
thereto regardless of the location or proximity of such pollution to the
demised premises; and for any claim er liability arising under federal or
state law dealing with the pollution of air, water, land and/or ground
water. (This provision shall apply to the Developer until the installation
of said facilities has been satisfactorily completed and the ownership of
same has been assumed by the City, thereafter this provision shall apply to
the City.)
(c). Ail obligations of the Developer or the City under this agreement
to release, indemnify and hold harmless SBD shall also extend to officers,
agents and employees of SBD and to companies and other legal entities that
control, are controlled by, are subsidiaries of, or are affiliated with SBD,
their respective officers, agents and employees.
4. The Developer will pay to SBD, on bills rendered by SBD, the full
amount of all costs and expenses (including but not limited to, the expenses
borne by SBD for furnishing if deemed necessary by SBD, a foreman-inspector,
or other representative of SBD to protect its roadway, signal cables and
other property) which may be incurred by SBD in protecting its track and
maintaining traffic thereover by driving piling or by other means while said
facilities are being installed. AFTER THE O~qqERSHIP OF SAID FACILITIES HAS
BEEN ASSU~D BY THE CITY, the City will pay to SBD, on bills rendered by SBD,
the full amount of all costs and expenses which may be incurred by SBD in
protecting its track, or future tracks, and maintaining traffic thereover by
driving piling or by other means while said facilities are being repaired,
renewed, relocated or removed from said right of way.
5. The portions of said pipes under said tracks and roadbeds thereof
shall be encased, as aforesaid, by and at the expense of the Developer, and
placed at a minimum depth of 66 inches below the base of rail of said tracks~
or not less than 36 inches below the bottom of SBD's roadbed ditches, or not
less than 48 inches~below ground surface - whichever depth may be the lower -
measurements being to the top of each conduit.
6. In the event SBD constructs trackage across said facilities
described herein, the City shall, at the City's expense, provide and maintain
the necessary protection to said facilities as may be deemed necessary by
said Division Engineer, including but not limited to encasing and/or lowering
said facilities crossed by said trackage.
Sheet 3
7. The Developer, or the City, shall be prohibited, incident tO the
installation or maintenance of said facilities on SBD's right of way, from
using explosives of any type without the express written consent of SBD.
8. In consideration for the right or license granted hereby, the City
agrees that SBD shall not at any time or in any manner be charged or assessed
with the cost or any part of the cost of the maintenance of said facilities
on SBD's right of way.
9(a). During the installation of said facilities the Developer will, if
it is to perform the installation, or if the Developer is to have a
contractor perform the installation, require said contractor to, at its sole
cost and expense, procure and keep in force Workmen's Compensation and
Employers' Liability Insurance, and Public Liability Insurance and Protective
Public Liability Insurance, including automobile coverage, providing for a
limit of not less than $2,000,000.00 for all damage arising out of bodily
injuries to or death of one person, and subject to that limit for each
person, a total limit of $2,000,000.00 for all damage arising out of bodily
injuries to or death of two or more persons in any one occurrence, and
regular Property Damage Liability Insurance, and Protective Property Damage
Liability Insurance, including automobile coverage, providing for a limit of
not less than $2,000,000.00 for all damage arising out of injury to, damage
or destruction of property in any one occurrence~
(b). The Developer shall furnish certificates of insurance evidencing
the above coverage and the form of the policy, the carrier and the amount of
the coverage shall be subject to the prior approval of SBD. Such insurance
shall contain a contractual liability endorsement which will cover the
obligations assumed under this agreement and such other endorsement or
endorsements as, in the opinion of counsel for SBD, may be necessary or
advisable to fully protect and indemnify SBD. In addition, such insurance
shall contain notification provisionswhereby the insurance company agrees to
give thirty (30) days' notice to SBD of any change or cancellation of the
policies. All of these endorsements and notice provisions shall be stated on
the certificate of insurance which is to be provided to SBD.
10. Effective October 1, 1985, City will yield and pay unto SBD the
annual rent or sum of FIFTY AND 00/100 DOLLARS ($50.00), plus sales tax if
applicable, payable at the beginning of each and every year or fractional
part thereof during the continuance of this agreement.
11. In addition to all other considerations mentioned herein, Developer
agrees to pay to SBD the sum of $225.00 to cover SBD's risks and costs in
preparing this agreement and permitting the utilization of SBD's property for
the installation of said pipe described herein. Should said crossing not be
constructed, for any reason whatsoever, SBD shall refund to Developer $125.00
of the aforementioned $225.00 fee.
It is understood and agreed that this agreement shall not be binding
until it has been authorized or ratified by a proper ordinance or resolution
of the City Council of the City of Carmel, Indiana, a certified copy of which
ordinance or resolution'is attached hereto and made part of this agreement.
Sheet
IN WITNESS WKEREOF the parties hereto have executed this agreement in
triplicate the day and year first above written.
SEABOARD SYSTEM RAILROAD, INC,:
Witnesses for SBD:
By
(L.S.)
Witnesses for the Developer:
ST. VINCENT CAI~L HOSPITAL:
By
(L.S.)
President
Witnesses for the City:
CITY OF CARMEL, INDIANA:
By
(L.S.)
Mayor
Attest (SEAL)
Clerk
~'-- -- Shee~ $
Extracts from minutes of meeting of the City Coumcil of the City of
Carmel, Indiana, held on the _ . day of , 19__.
RESOLUTION
Be it resolved by the~4~il~ P ~ ] in regular meeting assembled that the
Mayor of said City be, and he hereby is, authorized to enter into an
agreement with the SEABOARD SYSTEM RAILROAD, INC., and ST. VINCENT CAR?EL
HOSPITAL, and to sign same on behalf of said City whereby said Railroad
Company grants unto the Hospital the right or license to install, and also
grants unto the City the right or license to maintain thereafter, for the
purpose of conducting sewage, a line of pipe across the right of way and
under track or tracks of said Railroad Company at Carmel, Indiana, as
particularly described in said agreement, which agreement is dated August 29,
1985, a copy of which agreement is filed with the City Council.
I certify the above to be a true and correct copy.
Clerk
APPLIC~ION FOR PIPE LINE CROSSING/PARALLELISM UNDER/OVER FROPERTIES Ah~ TRACKS
Plans for proposed installation shall be submitted to and meet the approval of the Rail-
ro~d Company before construction is begun. Material and installation are to be in strict
accordance with specifications of the American Railway Engineering Association and requirement
of the Seaboard System Railroad. Original and twelve (12) copies of this form shall be
submitted, accompanied by twelve (12) lettersize prints of a drawing showing plan, elevation
section of crossing fro~ field survey, location in respect to Mile Post, width of Railroad's
right of way, location of adjacent structures affecting crossing, and all information required
in Figures 1 and 2 of AP. FA Sp~eificationa, Part 5 - Pipelines. If open cutting or tunneling
is necessary, details of sheeting and method of supporting tracks or driving tunnel shall be
1. Correct N~ of Applicant St. Vincent Carmel Hospital
2. Post Office Address ?. O. Box 1903 Carmel, Indiana 46032-4903
3.
Yartnership - Name and initials all partners, women - given and sur~--~s before marr~g(
and present N/A
&. If incorporar~d, ~--~ of state in~nich incorporated Indiana
5. Location 355 feet Southee~? (Direction) from nearest RR Mile Post, it67 VS
6. Nearest Railroad Station Indianapolis CountX Marion State Indiana
7. Within limits of public highway name N/A Fed-State-County No. N/A
8. ~emporary track support or riprapping required ( ) Yes (X) No - Describe
9. Wires, poles, obstructions to be relocated ( ) Yes (X) No - Describe
10 Product to be conveyed Sanitary Sewer Fl----=ble ( ) Yes (X)
11.. ltax. Working p~ssureAtmospheric PSI. Field test pressure 5
12. Lo~atien of shut-off valves
No. Temperature 60°F
PSI. Type test ASTM
13.
PIPE SPECIFICATIONS:
Hat. rial
~atarial Specifications and Grade
Hinimum Yield S:~th of ~terial PSI
~11 ~st ~sau~ PSI
~all ~lc~ss
~tside Dieter
~yl~ ~ths
Kt~ of Joints
To~l ~th Within ~ R~
S~: ~ e~s Yes
CARR,~K PIPE
Reinforced Cone. Pipe...
A~TM C76.Cl. IV? Wall B
4000 psi
18.0 ~ncbe~
2.5 inches
~C-.0 inches
Size
one end
7.0 f~¢~
0' tint
~gt. above ground
CASING PIPE
A-139 Grade B
35.000
2,~00
30 inches
.406 inches
30.812 inches
Snirat welded
?O
w~ld~d
70 f~¢~
B~Y: Rase of rail to top of casinE 25 f=.
B~¥: (Not beneath tracks), ft.
BURY: (Roadway ditches) N/A ft.
CATH(1)IC PROTECTION: ( ) Yea (X) No
PROT~I'~V~ COATI.G: (X) Yes ( ) ~o Kind Coal Tar Epoxy
Type, size and spacing of insulators or supports N/A
in.
in.
14. Method of Installation Jackine ~P~ ~9r~n9 constructign
If application is approved, applicant agrees to reimburse the Railroad for any cost
incurred by the Railroad incident to installation, maintenance, and/or supez-visiou necessitate~
by this pipe line installation, and further agrees to ass.-.' all liability for accidenta or
injuries which arise as a result of.this installation. Should open cut installation be require
m non-refundable charge of $ will be required to resurface
Date Signature and Title of Officer
],qg E~
HNTB
ARCHITECTS ENG{NEERS PLANNERS
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