Northlake 1nd Park-CS 890317SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
(Formerly Saner. Jack, Sallinger & Nichols)
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
(214) 954-3333
Facsimile (214) 954-3334
Mr. Michael J. Garrett
Nathan D. Maier
Consulting Engineers, Inc.
Three NorthPark
8800 N. Central Expressway
Suite 300
Dallas, Texas 75231
March 17, 1989
Re:
Northlake Industrial Tract
NDM No. 87-9-101
Our File No. 354
Dear Mr. Garrett:
This is in response to your letter of transmittal dated March 8, 1989, and the
indemnity provision of the contract to be signed by your utility contractor.
Your letter included page GC-21 of the proposed contract. Could you send me
a copy of the preceding pages which apparently also deal with indemnification.
I would like to see you add to paragraph 6.30-A the following language which is
set out in bold:
"6.30.A CONTRACTOR also agrees to release, defend, and indemnify the City
of Coppell (City), its offieer~ and employee~, .......................
whether or not contributed by the maintenance or operation of St. Louis and
Southwestern Railroad Company's (LICENSOR) line of railroad or any omission, actively
or oassively negligent or otherwise, of any employee of LICENSOR, or whether or not
eon'tributed by any active or passive negligent act or omission, or otherwise, on the part
of City, its offiee~ or employee~. CONTRACTOR expressly assumes all risk of damage
to said structure or appurtenances from any cause whatsoever."
Please give me a call if you have any questions concerning this.
Very truly yours,
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
LWJ/sb
By
Lawrence W. Jackson
cc: Mr. Alan D. Ratliff