Northlake Ind Park-CN 890907ApprovM is to form by ~flcril Comss¢l on Form C.S. 734S
Mly I. 1973 Sh#t No. I o¢ 2
CONTRACTOR'S RIGHT OF ENTRY
Transportation Company .acorporation, herein called "Railroad", and L.E. Delekta Inc.
. herein called "Contractor";
t itncsstt :
1. For the period not lo extend beyond O~.--i-. [ o ,19 85 ,
Railroad hereby ~rmits Contraclor to enter upon the property of Railroad in ~he vicinity of City of Coppell,
Dallas Coun:y S:a:ion 6773+50.3 Mi. Pos~ ~07.90. 88-9867
as may ~ neces~ in confleclion ~lh work to be ~rformed on Railroad premi~s by Conlractor under agree~nl
wilh No::hlake Limi:e~ Pa::ne:ship and Ci:y oE Coppel~ .and for no other purpo~.
~. Ctmlractor a~rees to
(al Perform that ~rtion of the work on Railroad premises in accordance w'i~h plans and s~ci~cations appt~ed
~ Railroad in such manner and a~ such times as ~all nol endanger ur in~erferc with Railroad's o~rations and in ac-
cmdance with the regulations of Railroad and instructions of Ralroad's repre~nta~ive. Conttaclor ~all submit to R~I.
road I~r appr~al all conslruc~ion details, fahework and other incidentals nm dc~ailed in plans, insofar u they affect
Raihuad.
lb) Maintain. at Con~raclor's expend, compelenl fla~en to prolecl and control movemenl of vehicles and equi~
'meat of Conlractor while upon Raihoad premises.
lc) Notify Railroad at leas1 five (5) working days before commencing work on Rahoad premiss and ~thin ~ve
15) w~,rking days after such work is completed
~dt Keep all equipment, t~ds and malerials stored a~ least ~fteen ( I ~) fee~ from ~e center line of any o~rable
Irack. Explmiv~ or other highly inflammable subslances will not ~ stored ,n Rmlt~d premiss wilhoul the prior
approval of Railroad's repre~nla~ive.
(el Remove ~1 of Contractor's Iools. equipmen~ and materials from Railroad p~emi~s pr~ptly upon compleli~
uf work. restorins Railr~d premiss Io Ihe ~me sla~e and condili~ as wi,c. C~rac~ot entered ~ere~.
(~ Reimbu~ Railr~d for ~1 cml and expen~ incurred by Railroad in connecti~ with ~id work. i~ludin[
~lh~ml limilali~ Ihe ex~n~ of furni~ing ~ch ins~clms, walchmen and ~agmen as Railroad d~ms ~, Ihe
installali0n and rem~al of fal~work ~ncath IrKks, and restorali0n of Railroad's pro. fly Io the ~me condition
~en Cofllr~lOt enlered there,, ur Io a c~mditiun satisfach)~ !o Raihuad's repre~ma~ive.
{gl Rem~e any lien against Railt,ad's pro~rty arisin~ from ~rf~ma~e of work hereunder by Contt~lor or
any
3. Conltac~ot I~rees Io release, defend and indemnify Railr~d from and 3gainsl all I~, damage, claims, cmls,
cx~n~s and liabilily for h~ily inju~' ~o or dealh of any ~rsons and loss of or damage to any pFo~Ky and Io~ of
u~ Ihereof (including bul nol limiled to employees, su~onlractors, agents, invitees and Ihe pro,fly of each party
hereto) arising out o~ or in any way connecled with lhe work under sa~d agreemem upon or adjacenl to Railroad pr~
~r~)'. whclher ~,~ nol cau~d or conl[ibuled to by Ihe presence or o~ralion of Railr~d trains, engines, cars or other
equipmenl, structures (- facilities of Railroad or any other par~)', or by negltgence o~ ~leged negligence on the part of
any of Radroad's agenls, employees, contractors, subconlraclors or invuees. In the event any part
Ibis ~c~ion are delermined by any slaluloty enactmenl or judicial decagon Io be void or unenforceable, then this ~ction
shall nol fail in its eat,ely but will ~ enfotceable lo lhe extent ~itled by law. For Ihe purpt~es of this ~clion. the
tcmt "Radroad" shall include any other railroad company using Raih~d pro~rty w~h Railr~d's con~nt and any
af~l~3~e. ~,h~d~ary or lessor of Railroad.
I~v. )40
~(s ~ co,npl~'~ o~r:6ons ~urds i~uded, which ~!1 provide c~'cr~e Im c~bln~ sln~c limits
~, Con.~ccot s~l de.sit with ~iho~ ~ sum of
~ (S . ) reDr~n~in~ ~he ~i~ .~n~ m ~ in~.~ ~' ~ib~ i~ connection ~i~
II Ihc~e is ~ ~ne indicud in ~ ~k sp~ce pro~id~ ~e fm ~ ~ie m ~ m~
~ib~, c~icion ~ ~ faithful ~dmm~e ~ ~ prov~iom ~ ~
~ ~c ~rm;.i~ lmcein liven Ih=ll'~ ~ ~ign~ by ~n(r~mr wi(h~c I~ ~;m writtcn co~nt of
7. No vchi~ u~i~ ~t ~i~s ~ s~ ~ i~t~lld m u~ ~ ~u~mt wight prim wri~
~i~ of Raib~
1. ~o ~ ~11 ~ ~ ~t~'e~ ~ ~n ~ 6:00 p.~ ~ 6:~ i.m~ ~ ~ Samf~
~l~/s ~'i~h~t prior wri(t~ ~zm~ ~
r~ prcmiscs. ~nd ~ny fight of ~tr~tor to ~tet u~n R3ilrmd pfcmi~ ~ ~ ~nd~ until s~h ~u~t
~oM is ~(. ~ner~tot ~ iMem~ ~ n&~nu ~2 ~im ~in~ ~ ~ ~ov~ ~
//'-'~ CO,,T,~^¢To,~
INSURANCE REQUIREMENTS FOR CONTlt, ACTORS (TEXAS)
Comprehensive General I iabllity with Contractual Lial)ility En(l(Jrsemer~t
- Combined single limit of at least $2 million
- Railroad is named as additional Insured
- Contractual liability endorsement must have exclusions for operations within 50
feet of a railroad and for XCU hazards deleted
o Railroad must have 30 days notice of cancellation or modification
Comprehensive Automobile Liability Policy
- Combined single limit of at least $2 million
- Railroad i$ named as additional Insured
- Railroad must have 30 days notice of cancellation or modification
All contractors will provide in their policies a cross liability endorsement
worded as follows:
It Is agreed that the Inclusion of more than one person, corporation,
organization, firm or entity as Insured under this policy shell not in any
way affect the right of any such person, corporation, organization, firm
or entity with respect to any claim, demand, suit or judgment made, brought
or recovered by or in favor of any other Insured. This policy shall pro=
tact each person, corporation, organization, firm or entity in the same
manner as though a separate policy had been issued to each; provided that
this endorsement shall not operate to increase the company's limits of
liability as set forth elsewhere in this policy.
Moreover, all policies submitted should name SPT Co. as an additional
insured without any qualifications or restrictions.
A certificate of Insurance to which is attached an endorsement in the form of Railroad's
Form 734513 will be acceptable in lieu of a certified copy of the policy in all states
except Texas. When a certified copy fo the policy is submitted, review will be expedited
If the following items are marked with a tab or paper clip:
-The page showing the limits on the policy .
- Endorsement showing Railroad named as additional insured and requiring that Railroad
be given 30 days notice of cancellation or modification.
- Contractual liability endorsement.
- Endorsement removing exclusions from contractual liability endorsement for operations
within $0 feet of a railroad and for XCU hazards.