2006-326SA0ur Documents\0rdinances\06\UPRR Draft Ordinance.doc
ORDINANCE NO. 4006 ° 3,A (n
AN ORDINANCE OF THE CITY OF DENTON APPROVING A PIPELINE CROSSING
AGREEMENT BETWEEN THE UNION PACIFIC RAILROAD COMPANY ("UPRR") AND
THE CITY OF DENTON RELATING TO THE ENCROACHMENT OF A 16 INCH WATER
PIPELINE CROSSING AN EXISTING UPRR RIGHT-OF-WAY AT MILE POST 723.02 AS
PART OF THE MEADOWS AT HICKORY CREEK DEVELOPMENT PUBLIC
IMPROVEMENTS, LOCATED IN THE W. ROARK SURVEY ABSTRACT NUMBER 1087,
CITY OF DENTON, DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute the
attached pipeline crossing agreement between the City of Denton, Texas and Union Pacific
Railroad Company ("UPRR"), related to the encroachment of a 16 inch water pipeline at
milepost 723.02, in substantially the form of the Agreement which is attached to and made a part
of this ordinance for all purposes, for the purpose of locating City utilities within the existing
UPRR right-of-way as described therein.
SECTION 2. The expenditure of funds as provided in the Agreement is hereby
authorized.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of&yff, 2006.
PERR . McNEILL, MAYOR
ATTEST:
JENNIFER WA
BY:
APPROVED
CITY SECRETARY
TO LEGAL FORM:
001,/ real
PL X 940206
Form Approved, AVP-Law
AUDIT 242841
Folder No. 02385-54
PIPELINE CROSSING
AGREEMENT
Mile Post: 723.02, Choctaw Subdivision
Location: Denton, Denton County, Texas
THIS AGREEMENT is made and entered into as of August 21, 2006, by and between UNION
PACIFIC RAILROAD COMPANY, a Delaware corporation, (hereinafter the "Licensor") and CITY
OF DENTON, TEXAS, a Texas corporation to be addressed c/o City Manager, City of Denton 215 E.
McKinney Street, 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 IL 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 an
encased 16" water pipeline crossing (hereinafter the "Pipeline")
in the location shown and in conformity with the dimensions and specifications indicated on the attached
print dated May 09, 2006, 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, attached hereto and hereby made a
part hereof.
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,
A. The Licensee, at its expense, shall obtain the insurance described in Exhibit C, hereto
attached. The Licensee will also provide to the Licensor a Certificate of Insurance, identifying Folder
No. 02385-54, 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 723.02, on the Choctaw
Subdivision, at or near Denton, Denton County, Texas.
B. If the Licensee named in this Agreement is a public entity subject to any applicable
statutory tort laws, the limits of insurance described in Exhibit C shall be the limib 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
C. All insurance correspondence shall be directed to:
Tom Judkins
Folder No. 02385-54
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Street STOP 1690
Omaha, NE 68179-1690
Article VL TERM,
This Agreement shall take effect as of the Effective Date first herein written and shall continue in
full force and effect until terminated as herein provided.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the date first herein written.
UNION PACIFIC RAILROAD ANY
By:
Senior anager - Contracts
City of Denton
Engineering Department
City Hall East
601 E. Hickory, Suite B
Denton, Texas 76205
Attention: Paul Williamson
CITY OF DENTON, TEXAS /
By:
Title:1~,'J ~ff/v~µPe/L
VED AS TO LEGAL
M SNYDER,CITY,
4--a `al
ACE ARROW INDICATING NORTH FORM-0R-0404-0
DIRECTION RELATIVE 70 CROSSING ENCASED NON-FLAMMABLE REV. 12-1-01
PIPELINE CROSSING ,UPF .COO
` NOTEt ALL AVAI LA13LE D,IMEIISIONS MUST BE
FILLED IN TO PROCESS THIS APPLICATION.
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COMMODITY TO BE COHVEYED WATER
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OPERATING PRESSURE MOO PSI
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OUTS NOTE :CASING MUST HAVE 2' CLEARANCE BETWEEN GREATEST
IDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF
ENCASED WATER CROSSING AT
CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF
Dr NTON As.+•la A'1
CARRIER PIPE AND INSIDE OF CASING PI?E.
+~o*en+,T„Yn, auto
F] METHD F INSTALLING CASING PIPE UNDER TRACK(S):
DAY BORE AND JACK [NET BORE NOT PERMITTED) 1
PpY .OSKI MCINNIS A^`St1PIATFC
TUNNEL i OTHER
0) WILL CONSTRUCTION BE-8 AN OUTSIDE CGNTRACTOR2 YES;--JM,
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RR F i LE NO. 0238554 DATE S-Ci.A b
NO DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING AND
JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK
. p:. E G
-WA R
1) APPLICANT HAS CONTACTED 1-806.336-9193, IW' RPL
Ix AU COUNO10, IL P. 00111"OUTIOIIS
U. P. COMMUNICATION DEPARTMENT, AND WAS DETERMINED FIBER
DEPARISCRt ms,u cooffA Di in w,ACC
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WORK TO BE PERFORMED .=I ET N0
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Pff" f "0013 1,;"
t
P I. X 9801 I2
Form Approved, AW-Law
EXHIBIT B
Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED.
(a) The foregoing grant of right is subject and subordinate to the prior and continuing right and
obligation of the Licensor to use and maintain its entire property including the right and power of the
Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks,
signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across
any or all parts of its property, all or any 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 Licensor's property, 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.
Section 2. CONSTRUCTION, MAINTENANCE AND OPERATION.
(a) The Pipeline shall be constructed, operated, maintained, repaired, renewed, modified and/or
reconstructed by the Licensee in strict conformity with Union Pacific Railroad Co. Common Standard
Specification 1029 adopted November 1949, and all amendments thereof and supplements thereto, which
by this reference is hereby made a part hereof, except as may be modified and approved by the Licensor's
Vice President-Engineering Services. In the event such Specification conflicts in any respect with the
requirements of any federal, state or municipal law or regulation, such requirements shall govern on all
points of conflict, but in all other respects the Specification shall apply.
(b) All 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 track or tracks of the Licensor, the Licensee shall submit to the Licensor plans setting out
the method and manner of handling the work, including the shoring and cribbing, if any, required to
protect the Licensor's operations, and shall not. proceed with the work until such plans have been
approved by the Vice President-Engineering Services of the Licensor and then the work shall be done to
the satisfaction of the Vice President-Engineering 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, repair, 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 (15) days after 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 the ground.
plx.exb
Exhibit B
PL X 980112
Form Approved, AVP-Law
Section 3. NOTICE OF COMMENCEMENT OF WORK.
If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as
practicable to Licensor before commencing any work. 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.
Section 4. LICENSEE TO BEAR ENTIRE EXPENSE.
The Licensee shall bear 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.
Section 5. REINFORCEMENT, RELOCATION OR REMOVAL OF PIPELINE.
(a) The license herein granted is subject to the needs and requirements of the Licensor in the
operation of its railroad and in the improvement and use of its property, and the Licensee shall, at the sole
expense of the Licensee, reinforce the Pipeline, or move all or any portion of the Pipeline to such new
location as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the
Licensor shall find such action necessary or desirable.
(b) All the terms, conditions and stipulations herein expressed with reference to the Pipeline on
property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the
property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section.
Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION.
The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be
constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no
interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and
facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that
would in any manner impair the safety thereof.
Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
(a) Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic
cable systems is of extreme importance since any break could disrupt service to users resulting in business
interruption and loss of revenue and profits. Licensee shall telephone the Licensor at 1-800-336-9193 (a
24-hour number) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be
used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved,
arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable,
all at Licensees expense, and will commence no work on the right of way until all such protection or
relocation has been accomplished. To the extent permitted by law, 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 or caused in any way by Licensee's
failure to comply with the provisions of this paragraph.
plx.exb
Exhibit B
PL X 980112
Porte Approved, AVP-Law
(b) In addition to other indemnity provisions'in this Agreement, to the extent permitted by law, 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) caused by the
negligence of the Licensee, its contractor, agents and/or employees, resulting in (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, except if such costs, liability or expenses are caused solely by
the direct active negligence of the Licensor. Licensee further agrees that it shall not have or seek recourse
against Licensor for any 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 Licensor's property or a customer or
user of services of the fiber optic cable on Licensor's property.
Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL: TAXES.
(a) The Licensee shall fully pay for all materials joined or affixed to and labor performed upon
property of the Licensor in connection with the construction, maintenance, repair, renewal, modification
or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or materialman's lien of
any kind or nature to be enforced against the property for any work done or materials furnished thereon at
the instance or request or on behalf of the Licensee. To the extent permitted by law, the Licensee shall
indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and
expenses of whatsoever nature in any way connected with or growing out of such work done, labor
performed, or materials furnished.
(b) The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in
respect to, or on account of the Pipeline, to prevent the same from becoming a charge or lien upon
property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such
property shall not be increased because of the location, construction or maintenance of the Pipeline or any
improvement, appliance or fixture connected therewith placed upon such property, or on account of the
Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed
to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee
shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's
property upon property of the Licensor as compared with the entire value of such property.
Section 9. RESTORATION OF LICENSOR'S PROPERTY.
In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner
move or disturb any of the other property of the Licensor in connection with the construction,
maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline, then in
that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such fence and
other property to the same condition as the same were in before such fence was taken down or such other
property was moved or disturbed, and, to the extent permitted by law, the Licensee shall indemnify and
hold harmless the Licensor, its officers, agents and employees, against and from any and all liability, loss,
damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys'
fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction
of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from
the taking down of any fence or the moving or disturbance of any other property of the Licensor.
plx.exb
Exhibit B
PL X 980112
Form Approved, AVP-law
Section 10.
(a) 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, and 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 Licensoe'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, to the
extent permitted by law, the Licensee agrees to indemnify and hold harmless the Licensor from any Loss
which is due to or arises from:
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 part thereof; or
2. The presence, operation, or use of the Pipeline or contents escaping therefrom,
except to the extent that the Loss is caused by the sole and direct negligence of the Licensor.
Section 11. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT.
Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense,
remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks
of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as
good a condition as they were in at the time of the construction of the Pipeline. If the Licensee fails to do
the foregoing, the Licensor may do such work of removal and restoration at the cost and expense of the
Licensee. The Licensor may, at its option, upon such termination, at the entire cost and expense of the
Licensee, remove the portions of the Pipeline located underneath its roadbed and track or tracks and
restore such roadbed to as good a condition as it was in at the time of the construction of the Pipeline, or it
may permit the Licensee to do such work of removal and restoration to the satisfaction of the Licensor. In
the event of the removal by the Licensor of the property of the Licensee and of the restoration of the
roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any
damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no
manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have
against the Licensee.
Section 12. WAIVER OF BREACH.
The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be
kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail
itself of any remedy for any subsequent breach thereof.
plx.exb
Exhibit B
PL X 980112
Form Approved, AVP-Law
Section 13. TERMINATION.
(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 subparagraph (a) above, this Agreement may be terminated by
written notice given by either party hereto to the other on any date 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. Termination of this Agreement for any reason shall
not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities,
accrued or otherwise, which may have arisen prior thereto.
Section 14. AGREEMENT NOT TO BE ASSIGNED.
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 transfer or assignment or attempted transfer
or assignment of this Agreement or any of the rights herein granted, 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.
Section 15. SUCCESSORS AND ASSIGNS.
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, successors and assigns.
plx.exb
Exhibit B
PUWUURAINAGE INS.
Form Approved, AVP-Law Updated 03/01/2003
EXHIBIT
Union Pacific Railroad Company
Insurance Provisions For
Pipeline / Wireline / Drainage License Agreements
Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement the
following insurance coverage:
A. Commercial General Liability insurance. This insurance shall contain broad form contractual
liability with a single limit of at least $2,000,000 each occurrence or claim and an aggregate limit of
at least $4,000,000. Coverage must be purchased on a post 1998 ISO or equivalent form, including
but not limited to coverage for the following:
• Bodily injury including death and personal injury
• Property damage
• Fire legal liability (Not less than the replacement value of the portion of the premises occupied)
• Products and completed operations
The policy shall also contain the following endorsements which shall be indicated on the certificate
ofinsurance:
• The employee and worker's compensation related exclusions in the above policy apply only to
Licensee's employees
• The exclusions for railroads (except where the Job site is more than fifty feet (50') from any railroad
including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings),
and explosion, collapse and underground hazard shall be removed
• Waiver of subrogation
B. Business Automobile Coverage insurance. This insurance shall contain a combined single limit of
at least $2,000,000 per occurrence or claim, including but not limited to coverage for the following:
• Bodily injury and property damage
• Any and all motor vehicles including owned, hired and non-owned
The policy shall also contain the following endorsements which shall be indicated on the certificate
ofinsurance:
• The employee and worker's compensation related exclusions in the above policy apply only to
Licensee's employees
• The exclusions for railroads (except where the Job site is more than fifty feet (50') from any railroad
including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings),
and explosion, collapse and underground hazard shall be removed
• Motor Carrier Act Endorsement- Hazardous materials clean up (MCS-90) if required by law.
PUWUDRAINAGE INS.
Fortn Approved, AVP-Law Updated 03/01/2003
C. Workers Compensation and Employers Liabilitv insurance including but not limited to:
• Licensee's statutory liability under the workers' compensation laws of the state(s) affected by this
Agreement
• Employers' Liability (Part B) with limits of at least
$500,000 each accident, $500,000 disease policy limit
$500,000 each employee
If Workers Compensation insurance will not cover the liability of Licensee in states that require
participation in state workers' compensation fund, Licensee shall comply with the laws of such states. If
Licensee is self-insured, evidence of state approval must be provided along with evidence of excess
workers compensation coverage. Coverage shall include liability arising out of the U. S. Longshoremen's
and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.
The policy shall also contain the following endorsement which shall be indicated on the certificate of
insurance:
• Alternate Employer Endorsement
D. Umbrella or Excess Policies In the event Licensee utilizes Umbrella or excess policies, these
policies shall "follow form" and afford no less coverage than the primary policy.
Other Requirements
E. Punitive damage exclusion must be deleted, which deletion shall be indicated on the certificate of
insurance.
F. Licensee agrees to waive its right of recovery, and its insurers, through policy endorsement, agree to
waive their right of subrogation against Licensor. Licensee further waives its right of recovery, and
its insurers also waive their right of subrogation against Licensor for loss of its owned or leased
property or property under its care, custody and control. Licensee's insurance shall be primary with
respect to any insurance carried by Licensor. All waivers of subrogation shall be indicated on the
certificate of insurance. ,
G. All policy(ies) required above (excluding Workers Compensation) shall provide severability of
interests and shall name Licensor as an additional insured. Severability of interest and naming
Licensor as additional insured shall be indicated on the certificate of insurance.
H. Prior to commencing the Work, Licensee shall furnish to Licensor original certificate(s) of insurance
evidencing the required coverage, endorsements, and amendments. The certificate(s) shall contain a
provision that obligates the insurance company(ies) issuing such policy(ies) to notify Licensor in
writing of any cancellation or material alteration. Upon request from Licensor, a certified
duplicate original of any required policy shall be furnished.
1. Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or
with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do
business in the state(s) in which the service is to be provided.
PUWL/DRAINACE INS.
Form Approved, AVP-law Updated 03/01/2003
J. Licensee WARRANTS that this Agreement has been thoroughly reviewed by Licensee's insurance
agent(s)/broker(s), who have been instructed by Licensee to procure the insurance coverage required
by this Agreement and acknowledges that Licensee's insurance coverage will be primary.
K. The fact that insurance is obtained by Licensee or Licensor on behalf of Licensee shall not be deemed
to release or diminish the liability of Licensee, including, without limitation, liability under the
indemnity provisions of this Agreement. Damages recoverable by Licensor shall not be limited by
the amount of the required insurance coverage.
.:s
Denton County
Cynthia Mitchell
County Clerk
Denton, Tx 76202
1(z
Instrument Number: 2007-16112
Recorded On: February 08,2007 Ordinance
Parties: CITY OF DENTON TEXAS
To
Comment:
Ordinance
Total Recording:
Parties listed above are for Clerks reference only )
* Examined and Charged as Follows:
68.00
68.00
Billable Pages: 14
Number of Pages: 14
DO NOT REMOVE THIS PAGE IS PART OF THE INSTRUMENT
eee,te*e*....
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 2007-16112
Receipt Number: 359011 CITY OF DENTON
Recorded Date/Time: February 08, 2007 12:20:48P 601 E HICKORY STE B
User /Station: K Kirby -Cash Station 3 DENTON TX 76205
(x;AyJ THE STATE OF TEXAS)
COUNTY OF DENTON )
All I hereby ceryry Mat ml. Instrument was FILED in me Flle Number sequence on the datenima
printed heron, and was duty RECORDED In me OIrlClal RftOrd, a Denton County, Texas.
a, ~z cFtrddL
rKan County Clerk
Denton County, Texas