HomeMy WebLinkAbout2000-222ORDINANCE NO aW — a a?,
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXE-
CUTE A PIPELINE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD COM-
PANY FOR A WATER PIPELINE LOCATED AT MILE POST 721170, CHOCTAW SUB-
DIVISION, CITY OF DENTON, DENTON COUNTY, TEXAS, AUTHORIZING THE EX-
PENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 The City Manager or his designee is hereby authorized to execute a Pipeline
Crossing Agreement with Union Pacific Railroad Company for a water pipeline located at mile
post 721 170, Choctaw Subdivision, City of Denton, Denton County, Texas which is attached
hereto and incorporated by reference herein (the "Agreement")
SECTION 2 The expenditure of funds as provided in the Agreement is hereby author-
ized
S_,ECTION 3 This ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the a?ofh day of 12000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
AP OViED AS TO LEGAL FORM
HERBERT L PFallTY, CITY AWORNEY
M
\\CH LGL\VOLT\shared\dept\LGL\Our Documents\Ordinances\00\Pipeline Crossing -mile post 721 170 doc
PL X 940206
Form Approved, AVP-Law
PIPELINE CROSSING
AGREEMENT
Mile Post 721 17 Choctaw Subdivision
Location Denton, Denton County, Texas
Folder No 1812-46
THIS AGREEMENT is made and entered into as of September 27, 1999, by and between
UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Licensor"), and
CITY OF DENTON, a Texas municipal corporation, whose address is 901-A Texas St, Denton, Texas
76201 (hereinafter the "Licensee")
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS
Article I LICENSE FEE
Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time license fee
of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500 00)
Article I1 LICENSOR GRANTS RIGHT
In consideration of the License Fee to be paid by the Licensee and in further consideration of the
covenants and agreements herein contained to be by the Licensee kept, observed and performed, the
Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to
maintain and operate only a
20" water pipeline crossing (hereinafter the "Pipeline")
in the location shown and in conformity with the dimensions and specifications indicated on the attached
print dated September 24, 1999, marked Exhibit A Under no circumstances shall Licensee modify the
use of the Pipeline for a purpose other than the above -mentioned, and said Pipeline shall not be used for
any other use, whether such use is currently technologically possible, or whether such use may come into
existence during the life of this Agreement
Article III CONSTRUCTION, MAINTENANCE AND OPERATION
The grant of right herein made to the Licensee is subject to each and all of the terms, provisions,
conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached
Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR
If a contractor is to do any of the work performed on the Pipeline (including initial construction
and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its
contractor to execute the Railroad's form Contractor's Right of Entry Agreement Licensee acknowledges
receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions,
and requirements, and will inform its contractor of the need to execute the Agreement Under no
circumstances will Licensee's contractor be allowed onto Licensor's premises without first executing the
Contractor's Right of Entry Agreement
Article V. INSURANCE
The Licensee, at its own sole cost and expense, shall provide to the Licensor a Certificate of
Insurance, identifying Folder No 1812-46, issued by its insurance carrier, certifying to the effectiveness
of insurance as follows
a) General Public Liability providing bodily injury and property damage coverage with combined
single limit of at least $1,000,000 each occurrence, a portion of which may be self -insured with
the consent and approval of the Licensor The Licensee will also provide to the Licensor a
Certificate of Insurance issued by its insurance carrier confirming the existence of such insurance
and that the policy or policies contain the following endorsement
UNION PACIFIC RAILROAD COMPANY is named as an additional insured with
respect to all liabilities arising out of the existence, use or any work performed on or
associated with the Pipeline located on Railroad right of way at Mile Post 721 17 at or
near Denton, Denton County, Texas
b) Such insurance shall be endorsed to provide contractural liability assumed by the Licensee under
this Agreement, and that coverage shall not be cancelled or changed without giving thirty (30)
days' prior written notice to the Licensor
c) If the Licensee named in this Agreement is a public entity subject to any applicable statutory tort
laws, the limits of insurance described above shall be the limits the Licensee then has in effect or
which is required by applicable current or subsequent law, whichever is greater, a portion of
which may be self -insured with the consent and approval of the Licensor
d) All insurance correspondence shall be directed to Folder No 1812-46, Union Pacific Railroad
Company, Real Estate Department, 1800 Farnam Street, Omaha, NE 68102
Article VI TERM
This Agreement shall take effect as of the date first herein written and shall continue in full force
and effect until terminated as herein provided
Article VII, AMENDMENT OF EXHIBIT B
Sections 7 (b) and 10 of Exhibit B, hereto attached, are hereby amended to read as follows
Section 7 (b) In addition to other indemnity provisions in this Agreement the Licensee shall indemnify and
hold the Licensor harmless from and against all costs liability and expense whatsoever (including, without
limitation attorneys' fees court costs and expenses) arising out of any act or omission of the Licensee its
agents and/or employees, that causes or contributes to (1) any damage to or destruction of any
telecommunications system on Licensor's property and/or (2) any injury to or death of any person employed
by or on behalf of any telecommunications company and/or its contractor agents and/or employees on
Licensor's property Licensee further agrees that it shall not have or seek recourse against Licensor for any
06/161,00 10 13 FAX 9403498376 DENTON—ENG—DEFT— 0 02
PLACE ARROW INDICATING NORTH
DIRECTION RELATIVE TO CROSSIN
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FORM OR 0401 B
REV 5-15-98
ENCASED NON-FLAMMABLE
PIPELINE CROSSING
NOTE ALL AVAILABLE OIMENSION5 MUST BE
FILLED IN TO PROCESS THIS APPLICATION
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IS PIPELINf CROSSING WITHIN DEDICATED STREET ?YES;_,iS_JE0;
EXHIBIT "A"
B)
IF YES, NAME OF STREET
1f1A 1Mtl1i°�I PN"
0)
DISTRIBUTION LINE OR TRANSMISSION LINE
UNION PACIFIC RAILROAD CO.
C)
CARRIER PIPE I i�
CoMN00ITY TO BE CONVEYED truA u
G i4o A W
OPERATING PRESSURE PSI ZoiE rMATER [AL J•R'O'A
WALL THICKNESS—4DIAMETER_—, ,
1O1p1V1f0"
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M• P 17 E. 5
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CASIWALLIT„I�KNESSI OIANETER 36 ?MATERIAL TEFL _
PIPEL\N>: CROSSING AT
NOTE =CASINO MUST HAVE 2' CLEARANCE BETWEEN GREATEST'
ENCASED
OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF
CASINO PIPE WHEN FURNI5HIN0 DIMENSIONS, GIVE OUTSIDE OF
,.Ia•..,1 T-DGNTeE4 TX
0Suear of - rx
F)
CARRIER PIPE AND (N IDE OF CASINO PIPE,
METHOD,DF INSTALLING CASINO PIPE UNDER TRACK(S).
�6p�
C%-rq c* DeMTon1
4RY BORE AND JACK (WET BORE NOT PERMITTED) ;
101' .
NO lkfi6 DATE Z4•g9
TUNNEL A OTHER
RR FILE
GI
WILL CONSTRUCTION BE BT AN OUTSIDE CONTRACTOR? ES•—NO1
I C
H)
DISTANCE
JACKING
F;pOM CEgNTER jzI [ OF TRACK TO N% FACE OF BRING AND
PIT- WHEN MEASURED AT RIGHT ANGLES TO TRACK
W A R N N
L F COOM,ICATIDA3
11
so WIN 1
APPLICANT HAS CONTACTED 1-800-336-9193,
],,,uatWIGAS.
N)AMIENT a3AT BE CONTAtTEO IN ADVANCE
U P COMWINICATION DEPARTMENT, AND HAS DETERMINED FIBER
OPTIC CABLE DOES NOT
�I�TI IM VICINITY OF
of ANY vm To MT11110E EW10TaEE Am
sOuTcm v F!BBro.arric CALL
,A -DOES I
WORK TO BE PERFORMED . TICKET NO
JUN 16 2000 11 20 9403498376 PAGE 02
claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential
damage to a telecommunication company using Licensors property or a customer or user of services of the
fiber optic cable on Licensor's property.
Section 10. INDEMNITY.
(o) As used in this Section, 'Licensor' includes other railroad companies using the Licensor's property at
or near the location of the Licensee's installation and their officers, agents, cmd employees; 'Loss' includes
loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever
nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons
whomsoever (including the Licensor's officers, agents, and employees, the Licensee's officers, agents, and
employees, as well as any other person), and/or (b) damage to or loss or destruction of property whatsoever
(including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor,
or property in its care or custody).
(b) As a major Inducement and in consideration of the license and permission herein granted, the
Licensee agrees, to the extent permitted by law, to indernrufy and hold harmless the Licensor from arty Loss
which is due to or arises from:
1. The prosecution of any work contemplated by this Agreement including the installation
construction, maintenance, repair, renewal, modification, reconstruction, relocation, or.
removal of the Pipeline or any par: thereof; cr
2. The presence, operation, or use of the Pipeline or contents escaping therefrom.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date first herein written.
WITNESS
APPROVED AS 0 LEGAL
HERBERT DUTY�,�-C�
By'.
UNION PACIFIC RAILROAD COMPANY^
By:
C0171fRepresentative
ATTORNEY
CITY DENTON
9-13-00: 2:. 33PM: UIJ I ON P<CIPIO :1029973293
PL X P8a112
Form Appwove4 AVP-Lvp
�.No l W . VY•k :GIs IE.•: D) I Z FA Y•k e : .Y . *10-klw—Y21sa
a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the
Licensor to use and mainidn its entire property trY him the right and power of the licensor to construct, maintain, repair,
renew, use, operate, change, modify or relocate railroad hacks, sign4 communication fiber optics, or other wlrelines,
pipelines and other facilities upon along or across any or all parts of its property, all or cry of which may be freely done
at any time or times by the Licensor without liability to the licensee or to any other party for compensation or damages
b) The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and
lessees of the Licensors properly, and others) and the right of the Licensor to renew and extend the same, and is made
without covenant of title or for quiet enjoyment
a) The Pipeline shall be constructed operated mdntained, repaired, renewed modified and/or reconstructed by
the licensee in strict conformity with Union pacific Railroad Cc Common Standard Specification 1029 adopted November
1949, and ail amendments thereof and supplements thereto, which by this reference is hereby made a part hereof, except
as may be modifiedand approved by the licensors Vice President -Engineering Services In the event such Specification
conflicts in ary respect with the requirements of any federal, state or munlcipd law or regulation such requirements shall
gomm on ail points of conflict but in all other respects the Specification shall apply
b) AD work performed on property of the Licensor in connection with the construction, maintenance, repair, renewal,
modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor
c) Prior to the commencement of any work in connection with the construction maintenance. repair, renewal.
modification relocation reconstruction or removal of the Pipeline where it passes underneath the roadbed and hack or
tracks of the Licensor, the licensee shall submit to the licensor plan setting out the method and manner of handling the
work, including the shoring and cribbing, if arty, required to protect the L.icensoA operations, and shall not proceed with
the work until such plan have been approved by the Vice Preaklent-Fnginewing Services of the Licensor and then the work
shall be dorm to the satisfaction of the Vice President-Englrnsering Services or his authorized representative The licensor
shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks
during the time of construction maintenance, repah, renewal, modification relocation reconstruction or removal of the
Pipeline, and in the event the licensor provides such support the Licensee shall pay to the licensor, within fifteen 05) days
filer bills shall have been rendered therefor, all expense incurred by the Licensor in connection therewith which expense
shall include all assignable costs
d) The licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with
the adjacent surface of tine ground
If an emergency should arise requiring immediate attention the Licensee shall provide as much notice as
practicable to Licensor before commencing a ywork In all other situations, the Licensee shall notify the licensor at least
ten (10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property
of the Licensor in connection with the construction maintenance, repair, renewal, modification reconstruction relocation
or removal of the Pipeline All such work shall be prosecuted diligently to completion.
'.-. -, f � N 0 10A W4: a.
The Licensee shall ben the entire cost and expense incurred in connection with the construction maintenance,
repair and renewal and any and all modification revision relocation removal or reconstruction of the Pipeline, including
any and all expense which may be incurred by the Licensor in connection therewith for supervision inspection flagging,
or otherwise
pkexb Pap 1 d4 Ex „MI B
section & B@=ACEMFTIT R>-'r OO.nTfOi'd OR RFti OV r OF PIrF� tar
a) The license herein granted is subject to tie reeds and regtdrements of the Licensor in the operation of ifs railroad
and In the improvement and use of its property. and the Licensee shall at the sole exPenee of the Licensee, reinforce the
Pipeline, or move all oran portion of the Pipeline to such
furtherance of its needd new location as the Licensor may designate, when ser. in the
s and requirements, the Licensor shall find auch action necessary or desirable.
All the terms,
Licensor in the kKaban hezeinbeorcondi eforrus and slipukrtiorn n eipresaed
herein with reference to the Pipeline on property of the
e described shall tw far as the Pipeline remains on the property, apply to the Pipeline
as mod!$ed changed or relocated within the contemplation of ads section.
. • gYYa: i�: a• b JYY. era• �; • Jy:: Y e.
constructed Pipeline and OR parts thereof within and outaide of the limits of the property of the Licensor shall be
and, at all times, maintained, repaired renewed and operated in such manner as to cause no interfererce
whatsoeverwith the constant continuous and uninterrupted use of the tracks, Property and faaflttis a of fhe Licensor, and
nothing shall be done or suffered to be done by the Licensee at any time brat would in any matter impair the safety thereof.
Section 7. Pfl4 MON OF FME OP9T r cvMB
a) Fiber optic" systems
may be buried n the Licensoes property. protection of the fiber optic cable systems
is of extreme Importanceany bred: could disrupt service to use
resat'
revenue and profits. 1lcenaee shall tale ting in business interruption and loss of
cable ts buried phone the Licensor at 1-80a336-9193 (a 24-hour number) to determine if fiber optic
nywhere on the Licensors premises to be used by the Licensee. if it is. Iiceasee vn7l telephone the
Protection
of the lions compable. OILes)
involved arrange. fora cable locator, nabs aimngements for relocation or other
Protection of the � optic able, all at ompli Licensee ' c axpcens and will coauaence no work on the right of way until all such
Protection o relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and
against aIl a liabllicaus�ard expense whatsoever iineludtrug, without limitation, attorneys' fees. court costs and expenses) arising out of In onY way by Licensee's failure to comply with the provisions of this paragraph
b)
harmless from and against all costs, liability and expense whatsoever (including. without ]imitation, att
costs and expenses) caused by the negligence of the Licensee, its contractor, agents court
any damage to or destruction of any telecommunications system on lice rosuldngk (1)
of any person employed by or on behalf of any telecomm cam and/or (2) any injury to or death
employees, on )icersor's property, except if a ��% and/or its contractor, agents and/or
negligence of the licensor. Licensee P ability or expenses are caused solely by the direct active
a that it shall not have or seek recouzae against Licensor for arty claim
or cause of actin f a of profits or revenue or loss of service or other consequential teleco n company using Licsnsor'a property or a customer or user of services of the fiber optic cable n
SEEAFMCLE V
Section B. CLAIMS Ate MqZ FOR s R ND s s ni TeY^-
a) Zia Licensee shalt fully pay for all materials joined or affixed to and labor performed upon property of the Licensee
in connection with the construction maintenance, repair, renewal. modification or recorstruclson of the Pipelinre, and shall
not permit or suffer army mechanic`s or materialrnn's lien of any kind or nature !o Ua enforced against the property for Ivry
work done or materials furzilshad-thereon-at the instance orraquosf oron boha)f of -the Licazsaa. The -Licensee -shall
indemnify and hold harmless, the Licensor against and from any and ait liens. claims. demands. coats and expenses of
whatsoever naaae in any way connected with or growing out of such work done. labor performed or materials furnished.
b) accosts a am
hall promptly pay or discharge all taxes, charges and assessments levied upon in rear
Pipeline, to prevent the some from beta a or lien peat to, a
the taxes, charges and assessments levied n a m � charge upon Property of the Licensor, and so that
location construction or mc&AerAm of the upon respect to such property shall not be increased because of the
morn such ro �� or � fmprovemert, appifance or fixture connected therewith placed
p perty, or on account of the Licensee's interest therein. Where such tax charge or assessment may not be
separately nxxk or assessed to the licensee but shall be included in the assessment of the properly of the Licensor, then
the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the 1Jcersw4
property upon property of the licensor as compared with the entire value of such property.
ptxed
t'W 2 d4
EXIMU B
0
A���J9?M: VPIIOfJ P4CIF�C
PLX 980112
Farm APPo�`q
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Section 9 BE�RaT[ON OFr rt ca Cn c —
in the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any mmmer move
modification off f �n re�� removal of the tim Licensor to connection with the ccnatturL'ora rnainisnmrce, repair, renewal. �d at
Licerasesis sofa expense, restore such fence and other then in that event the licensee shall, as soon as possible
such fence was taken down or such other property P party to" same condition as the same were In before
harmlesa.the Licensor. its officers, P party was. or disturbed, and the Licensee shall indemnify and hold
demmtds, costs and expenses of whatssOMr nature loyees, against and from any and ail habIty, foes,
to or death of inch'ding court costs and attorneys' fees, which redersaages, cic�ry�°'
parsons whomsoever, or damage to or loss or destruction of property whatsoever, w ma tic from b*UY
ther adds anga, loss or destruction grow$ out of or arises from the bating down of �, d��' Property of the Licensor. enY fame or fha bmrce of any
Section 10.
AFMC�
a)�
location of the Licensee% installation and their officers, agents, and employs"; demands, actions, causes of actiosa Panatties, casts, P oyees: 1.0as' includes loss, Irene ems,
attorneys, fees, which may result from: a) m>d arq�enaes of whatsoever nature, includ{ngsa coats and agents, and ens inJury to or dead' of persons whomsoever (root }fir
to or foss or employees, ,the Licensee's officers, agents, and employees, as weIl o censor's officers,
desttaacton of proPer4 Araisoewr Gnchr Licensees airy MOW. aadfor b) damage
or other Property of the Licensor, or Property in its care or custody). party, dame roadbed, traela, equipment,
to rode As a m*r inducement and in consideration of the ticand Permission herein
indemnify and hold harmless the Licensor from eti'which is due to or micas from: granted the Licensee ogress
1• The Prosecution of contemplated this
mairflersmce, re by Agreement rri including the installation, construction,
Pat r newel modification reconstruction, relocation or removal of the Pipeline or may
Z• Presence, operation, or use of the
Pipeline Or contents escaping therefrom,
Section 11.
Prior to the termination of this Agreement howsoever, the Licensee shall, at f.icerrsees sole
remove the Pipeline from those portions of the property not occupied by the roadbed oho track is tracks s ale Licensor
and shalt restore, to the satisfaction of the Licensor, such portions of such property to ne good a condition o as they were
in et the time of the construction o! the Pipeline. If the Licensee foils to do the foregoing, the Licensor may do such work
at the entire cost and Of removal and restoration m the coated expense of the Licensee. The Licensor cnay sifts option upon such o such
work
the
track or tracks and restornse Of the e co such roadbed to as good amo ons of the t[Patlno located underneath its roadbed and
or it may permit the Licensee to do such work of removal and restoration to the satisfactiwas the time of on of the Licensor. In ththe e event
of the removal by the Licensor of the properly of the Licensee and of the restoration of the roadbed and property as be
Provided the Licensorshallin no manner be liable to the -Licensee -for arty damage trstoadb
account thereof and such removal and reetorotiorr chat in no manner re' ° by the Licensee for or on
or otherwise, that the Licensor may have against the Licensee. P lydice or impair arty right of action for dmnages,
observed caid Performed by the The waiver by the Licensor of the breach of any condition covenant or agreement herein contained to be kept
any subsequent 'breach thereof Licensee shall in no Y right of the licensor to avail itself of any remedy for
plxexb
Pa.e 3 da
Esbr3it H
�''7ti"P-I1w�3eann: uN ior� ae.c�cic
FL 980112
Fans APWW44 AVP•Lm
Section 13
a) If the Licensee does not use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues
in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written
notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option forthwith immediately
terminate this Agreement by written notice
b) In addition to the provisions of subpmagraph (4 above, this Agreement may be terminated by written notice given
by either party hereto to the other on any dale in such notice stated not less, however, than thirty (30) days subsequent to
the date upon which such notice shall be given
c) Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last
known address of the Licensee
or CMY reason shall riot affect any of the rights or
obligations of the parties hereto which may haven oaccrued or liabillf this tles nt f accrued or otherwise, which may have arisen prior
thereto
Section 14 AGFMdM NOT TO BE ARWaM
The Licensee shall not assign this Agreement, in whole or in part or any rights herein granted without the written
consent of the Licensor, and it is agreed that any hasfer or assignment or attempted transfer or assignment of this
Agreement or any of the rights herein graded whether voluntary, by operation of law, or otherwise, without such consent
in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement
Section15 ;j,,J=SMSANDASSMM
Subject to the provisions of Section 14 hereof. this Agreement shall be binding upon and inure to the benefit of the
parties hereto, their heirs, executors, administrators, sucaessOrs and assigns
Page 4 d4 EAMU B
pGcexb
Pipdine/WQe6ne (lhmrdorrs, Flamrubk. 12" or Larger)
Insurance Requirer is
Lamrne sheA at its sak cost and mWeese, Ptoaro and maintain during the m of dais Agrevrterm the following insturaaee coveral
a) seogle limit ofat letot S2,101WAO each ooausaue or claim and � � property O WiIR
combined Personal coaoia broad Am cAnrraual liab"hy with a sepaa" gerund ibr ( Afar least 25 03 or eq This iostranaM sh
for nihwds (asap whore ffie lob Site is tame than 88Y fen (SO) from 'Load � dM � °9'"�'t�Exclusib
undaposses or aoes'DP)6 and raplos"in, oollapae and Mdagromud hazard shall be maoved ter
asiod 1A7mat
in a
farm to aalocamence farm. (b) duns bu tw elmaudell iePa� or da�Y Period if (a) the cvStsm a cWms mmad
diffaod for ibe exp ft pokey . /c"e cn of amralm or (o) yN wCCCOdng claim made policy reuoaepv¢ date i
b)htsuaom Providing bodily kimy. Property damage and nihmaed vcbkfa
single and mo� ife�ed ham co of daioL This hiwraace shall eener air WARM vebieks hired and aair
aorabheeo
rove+age code: the gemerd public liability iasonoaa -
c) iasrarce coveriogLiomteds
atfecied by tbh Y fVdU on under the wtad�s• Ismstatc(s)
partidpadAn in seine �>�A s' �6a7cy' if such irsrraece wi0 nut cover the GabrTOy Af ssy�y dw
evidence of stag approval mast be provided. pensation find. Licensee slWll comply wNb lire laws of such states, . HLiceam is sdf-i�
Licensee and their hums *31" eadorse the required b>stmigoaq, po&,y(ks) ea lEmiye fhei. riefir ..r t -
Licensees imstrooce shall be pdmwy wish resyece to any insurance mind by Licensor. The Moslem Lim.
provide severabiluy ofiotaest: Mod shMp name Licensor as anadditRml )>� mired under (a) and (b) above shall
eadorseaprior to red Commencing the Wodr. Licenses shalt AMUS_k un t_iM= eerdfaaee(s) of i ention�
neon rearrest, a eenfini duplicate Original of airy required Policy. The a.dea� the required
[average aced
the msut�Q Ms) hxuw9 such PDhCYCOs) to a� Litsaror in ems) shall rootim a provision the
Y'ciaias-made' policies orset�tlrl �ial An'my cheap in dic rcwvAc&v
�aoblipta
kthany
m _ redrredea ofagpega¢ (imja if such my c+neslle6im at lea# thin (30) days
Guide Rating of Class ylMl) beav,be written and an y a r ed to de manatee co mparry(ies) soeePtabk to Licauo r orwis6 a cues, Bests lnsunmen
basins in the snu(s) in which the lob Site is located.
L'cnsttueted Lmsw WARRANTS that this Agreement bra been dtororrgbly reviewAd by Uccusee`s heimsoce �'. proeae the insurance coverage re4�d by this Agrowneat a8em(sYbrolta(3). who have been
If Licensee fail to pro ..... and unaintaim insnrauce ns re gWred L_ iemsor may elxt eod so, :a cost otLiassser
7be fee that i, mule. is obtained by Licensee shall rot be
miarioe, lishiiity under the indemnify provisions of this deemed to release or diminish the liability ofLi xasaq ,mel withow
it required insnrama coverage Agreement Damages rrcovemble by Licenses doll nut be limited by �
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i-VA'oubiseMbl.a)o