HomeMy WebLinkAbout05-20 Resolution No. 05-20
RESOLUTION
AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH THE
ELGIN, JOLIET AND EASTERN RAILWAY COMPANY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Ed Schock, Mayor, be and is hereby authorized and directed to execute a License Agreement on
behalf of the City of Elgin with the Elgin, Joliet and Eastern Railway Company for the purpose of
installing,using,maintaining and removing an underground sanitary sewer across and under railroad
tracks near Route 20 in Elgin, a copy of which is attached hereto and made a part hereof by
reference.
s/Ed Schock
Ed Schock, Mayor
Presented: January 26, 2005
Passed: January 26, 2005
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: January 27, 2005
Published:
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
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Resolution No. 05-20
RESOLUTION
AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH THE
ELGIN, JOLIET AND EASTERN RAILWAY COMPANY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that
Ed Schock, Mayor, be and is hereby authorized and directed to execute a License Agreement on
behalf of the City of Elgin with the Elgin, .foliet and Eastern Railway Company for the purpose of
installing,using,maintaining and removing an underground sanitary sewer across and under railroad
tracks near Route 20 in Elgin, a copy of which is attached hereto and made a part hereof by
reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: January 26, 2005
Passed: January 26, 2005
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: January 27, 2005
Published:
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
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City of Elgin Agenda Item No. -L
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January 7 2005
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TO: Mayor and Members of the City Council x
FINANCIALLY STABLE CITY GOVERNMENT
EFFK IEN7 SERVK E5.
FROM: David M. Dorgan, City Manager AND QU4l1TYIN FRASTFUC TUBE
John M. Loete, Public Works Director
SUBJECT: License Agreement with Elgin Joliet'and Eastern Railway Company
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider the acceptance of a license agreement with Elgin Joliet and Eastern
Railway Company (EJ&E) for a sanitary sewer crossing of their right-of-way.
RECOMMENDATION
j
It is recommended that the City Council accept the license agreement with Elgin Joliet and
Eastern Railway Company (EJ&E) for a sanitary sewer crossing and authorize the Mayor to
execute and record the document on behalf of the City.
BACKGROUND
In order to provide sewer service to the Oak Ridge Subdivision development on the north side of
US Route 20, east of the EJ&E railroad track, a sanitary sewer has to be extended east from an
existing sanitary manhole within the Safety Kleen property (located at Rte 20 and Shales
Parkway) and under the existing EJ&E railroad tracks.
EJ&E requires the City of Elgin to sign a license agreement to establish ground rules to enter
upon .their property for the installation, use, maintenance and removal a twelve inch sanitary
sewer.in a twenty-four inch diameter casing pipe. EJ&E provided a license agreement which has
been in
and commented upon by our Legal Department. The revised and approved
document is attached as Exhibit A.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
License Agreement with EJ&E Railway Company
January 7, 2005
Page 2
FINANCIAL IMPACT
/_There will be a $50 recording fee associated with the acceptance of the license agreement. The
recording fee will initially be charged against the Engineering Division's. budget, account
number 010-3311-752.32-05, "Legal Recording Fees", and then billed to the developer for
reimbursement. The 2005 budget amount for this account is $500 and the entire balance remains
available. U.S. Shelter will directly pay all fees required by EJ&E as part of the license
agreement.
LEGALIMPACT
None
ALTERNATIVES
1. The City Council may accept the license agreement as presented.
2. The City Council may reject,the license agreement. This decision would make it
impossible to proceed with the development of the proposed Oak Ridge Subdivision.
Respectfully submitted for Council consideration.
(do)
Attachments
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LICENSE
THIS AGREEMENT, made this day of , 2004, by and
between ELGIN,JOLIET AND EASTERN RAILWAY COMPANY,a Delaware corporation,
whose address is 1141 Maple Road,Joliet, Illinois 60432;hereinafter called Licensor, party
of the first part,and CITY OF ELGIN, ILLINOIS, a municipal corporation,whose address is
150 Dexter Court, Elgin, Illinois 60120-5555, hereinafter.called Licensee, party of the
second part, in consideration of the sum of Two Hundred Eighty Five Dollars ($285.00)
paid to the Licensor by the Licensee for the preparation of this License, and the covenants
and agreements hereinafter recited on the part of the Licensee to be paid,-kept and
performed, Licensor hereby gives Licensee a non-exclusive license and privilege to:
Section 1, DESCRIPTION.
Install, use, maintain and remove a twelve-inch (12") sanitary sewer in a
twenty-four inch (24")casing across and under tracks at Survey Station 1822+50, more
or less,on Licensor's Mainline at Elgin, Illinois. Said location is understood by the parties.
to be situated in Southeast Quarter of Section 20, Township 41 North, Range 9 East in
Cook County, Illinois.
The above described facility(ies) of the Licensee and any appurtenances thereto,
hereinafter collectively termed "Equipment,"is/are to be located as indicated in Red Color.
on the plat attached hereto, dated September 8;2004, marked Exhibit"A-, Plan Sheet No.
26 of 28 dated 03/15/04, and Pipeline Data Sheet, all understood by the parties.to be a
part of this License Agreement.
IT IS AGREED BETWEEN THE PARTIES HERETO:
Section 2. FEE.
Licensee shall pay Licensor as the one-time fee for the license and privilege herein
given,the sum of Four Thousand and No/100ths Dollars($4,000.00)in advance on the .
date of execution of this License Agreement for a one-time payment of($4,285.00).
Section 3. USE.
(a) . Licensee shall use the non-exclusive license and privilege contained herein
solely for the purpose of installing, using and maintaining and removing a twelve-inch(12")
underground sanitary sewer crossing in a twenty-four inch (24") casing, for no other
purpose without Licensor's prior written consent.
(b) Licensee's use, as herein defined, shall not be for any purpose which is
forbidden by law, regulation or ruling of any governmental authority, including local, state
and federal, or which may invalidate any policy of.insurance.
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(c) Licensee shall not use any other property of Licensor other than that which is
occupied by the Equipment without first obtaining Licensor's prior written consent and
complying with all requirements of Licensor applicable thereto.
(d) Licensee shall not permit any hazardous material to be deposited on the
lands of the Licensor. Notwithstanding the foregoing,if hazardous material is so deposited,
Licensee shall indemnify, save harmless and defend the Licensor from and against any
claims made against the Licensor arising therefrom. For the purposes of this License,
"Hazardous Material" shall mean any substance (i) defined as "hazardous substance"
under Section 1.01'(14) of CERCLA, 42 U.S.C.9601(14) or any successor regulation; (ii)
containing petroleum,including any fraction thereof;or(iii)determined to be deleterious to.
human health or the environment by any federal,state or local environmental,occupational
health, or public health agency or authority. The Licensee expressly agrees to be
responsible for any contamination of the lands of the Licensor or any adjacent premises,
and if any contamination occurs on such premises, the Licensee shall be responsible to
clean-up, remediate and restore said premises to their original condition or to a condition
that is in compliance with the applicable state and federal laws and regulations and all local
ordinances. For the purposes of this section,the term Licensor shall include not only the
Licensor named herein but also any parent company(ies), subsidiary(ies)or affiliate(s)of
Licensor, or its or their agents, servants, employees, directors, officers, contractors,
subcontractors or suppliers.
(e) Licensee,in accordance with the ADVANCE NOTIFICATION Section herein,
is entitled to enter upon the Licensor's property described herein,one time each year,(one
free visit)without additional cost, for the purpose of inspection and maintenance of said
Equipment. Each additional time Licensee requests and is granted permission to enter
upon Licensors property, Licensee shall pay to the Licensor the administrative fee of One
Hundred Fifty Dollars ($150.00) prior to entering upon said property.
Section 4. INGRESS AND EGRESS.
Licensor does not undertake to provide a means of ingress and egress for Licensee,
except over lands of Licensor,as herein specified,and in a manner approved by the Chief
Engineer of Licensor, or his duly authorized representative.
Section 5, CONSTRUCTION AND MAINTENANCE.
(a) The Equipment shall be constructed in accordance with the specifications for
pipelines as published by the American Railway Engineering and Maintenance of Way
Association and as shown on Licensee's Final .Plans; and Pipeline Data Sheet, as
approved by Licensor and attached hereto
(b) Each contractor,engineering firm or other business entity, if any,retained by
the Licensee in conjunction with this License shall obtain a temporary permit from the
Licensor prior to occupation of the licensed site.
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(c) Licensee shall bear the entire cost and expense incurred in connection with
the construction, maintenance, repair, relocation, renewal and removal of the Equipment,
including any and all expense which may be incurred by Licensor in connection therewith
for supervision or inspection or otherwise for railroad purposes.
(d) Jacking pits shall be located as far as practicable from tracks,but in no event
shall they be closer than twenty-five feet(25')to any track, measured perpendicular to the
centerline of track, unless otherwise authorized by Licensor.
(e) The Licensee shall be fully responsible for installing any casing specified on
the approved plans. The Licensee shall be responsible for determining the location,
elevation and extent of all utilities,underground structures and/or obstructions in the vicinity.
of the installation whether shown on the plans or not.
(f) The location of any boring pit(s) must be approved by the Licensor prior to
any excavation taking place. If it is determined by Licensor that the boring pit must be
protected by shoring, it will be the responsibility of the Licensee to submit a shoring design
for approval by Licensor.
(g) Licensee's use, as herein defined, shall be such that it shall do so with a
minimum of interference with the natural drainage of Licensor's lands. Any drainage
facilities required shall be constructed, maintained,repaired and removed by Licensee,at
Licensee's sole cost and expense,and all work associated herewith shall be subject to the \
approval of the Chief Engineer of Licensor, or his duly authorized representative.
(h) The Equipment shall be prominently marked on both sides of the track
undercrossing with durable,weatherproof signs located over the centerline of the pipe.The
Licensee will be responsible for the future maintenance of the.signs. Signs shall show the
following:
1. Name and address of owner.
2. Contents of pipe.
3.- Depth below grade at point of sign.
4. Emergency telephone number in event of pipe
rupture.
(i) All ground profiles and vegetation cover must be reestablished to
preconstruction standards for the initial installation and all future maintenance work.
Section 6. CATHODIC PROTECTION.
(a) Any-cathodic protection installed to protect the Equipment shall be installed in
a manner so as to ensure there is no interference with Licensor's signaling apparatus.
(b) Installation of cathodic protection subsequent to the installation .of the
Equipment shall be considered as an additional occupation and shall require amending this
a License. The base fee shall also be adjusted to cover the additional occupation.
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Section 7. FLAGMEN.
(a) Licensor shall place and maintain,at the sole cost and expense of Licensee,
any flagmen, watchmen and/or inspectors Licensor deems necessary for the proper
protection of traffic.moving on its tracks and to insure the safety of its operations during
construction, maintenance, repair, relocation and removal of the Equipment.
(b) Movement of personnel,equipment and materials over and across the tracks
of Licensor shall be held to a minimum and such movements shall be made only under the
supervision and direction of the Chief Engineer of Licensor or. his duly authorized
representative.
Section 8. MATERIALS AND WORKMANSHIP.
(a) All materials and workmanship required-in the construction, maintenance,
repair and removal of the Equipment;shall be furnished by the Licensee, but shall be
subject to inspection at all times by the Chief Engineer of Licensor,or his duly authorized
representative. Any materials or workmanship declared to be unsatisfactory by Licensor
shall be replaced by the Licensee at its own expense, with materials and workmanship
satisfactory to Licensor. The privilege of inspecting the materials and workmanship
involved in the construction,maintenance, repair,relocation and removal of the Equipment
and to notify Licensee to renew, repair or replace materials and workmanship
unsatisfactory to Licensor shall not be construed as imposing any obligation whatsoever on
Licensor to inspect such materials and workmanship and to notify Licensee to renew,
repair and replace any materials or workmanship, it being the intent of the parties to this
License that the sole responsibility of the materials and workmanship used in the
construction, maintenance, repair, relocation and removal of the Equipment, shall at all
times be that of Licensee alone.
(b) When, in the opinion of Licensor, the Equipment is in a defective condition,
the Licensee shall,at its own cost and expense,within ten (10)days after receipt of written
notice from Licensor, renew or repair the Equipment in a manner reasonably satisfactory to
the Chief Engineer-of Licensor, or his duly authorized representative.
Section 9, RELOCATION CHANGES AND ALTERATIONS.
(a) When and as often as the Licensor shall require to have tfie location and/or
elevation of the Equipment, or any portion thereof, changed for the purposes of making
improvements to the facilities of Licensor, or minimizing any hazards presented by the
Equipment,or the contents thereof, Licensee shall, at its own cost and expense,with due
diligence but in any event not later than sixty(60)days after receipt of written notice from
Licensor,change the location and/or elevation of the Equipment,or any portion thereof,to
such a location and/or elevation as shall be designated by the Chief Engineer of Licensor,
or his duly authorized representative.
(b) In the event Licensee submits in writing a request to Licensor to extend the
sixty (60) day relocation period, Licensor shall respond within thirty(30)days.
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(c) Licensee agrees that upon request from Licensor, it will, at its own cost and
expense, make changes or' alterations to the Equipment when Licensor's operations
require modification to Licensors facilities, or to minimize hazards presented by the
Equipment or to the contents thereof.
(d) In the event Licensee shall fail to change the'location or elevation of, renew
or repair, alter, or make any changes requested by Licensor, to the Equipment, or any
portion thereof, or to correct any defective conditions after receipt of written notice from
Licensor, as hereinbefore provided and within the.time stipulated, then Licensor may,
without further notice to Licensee,perform said work,all at the sole risk, cost and expense.
of Licensee.
Section 10, INSURANCE.
Prior to the commencement of work or use of the"Equipment"and/or entering onto
the property of Licensor for the activities provided herein, Licensee (and all Contractors
retained by the Licensee in conjunction with this license)will obtain; at its sole cost and
expense,and keep in effect during the term of this Agreement insurance adequate to cover
all liability herein assumed by Licensee and Licensee's Contractors and to -protect
Transtar/Licensor, their Officers, Directors, Stockholders, Employees and Agents with
respect to losses arising out of this License by Licensee,their Officers,Employees,Agents,
Contractors and any/all Subcontractors.
t
Such insurance shall be written with companies authorized to do business in the
State(s)in which operations and occupations are to be performed and shall be of the types
and in minimum amounts not less than those as follows, or greater if required by law:
(1) Statutory Workers Compensation/Employers Liability with an Employers Liability
Limit of not less than $1,000,000 Each Accident.
(2) Commercial General Liability Insurance Coverage, including contractual coverage,
with a limit of not less than $1,000,000 each occurrence/$1,000,000 Aggregate.
Policy must be endorsed to reflect that the railroad liability exclusion is deleted from
the definition of an insured.contract.
(3) Commercial Automobile Liability Insurance Coverage with a limit of not less than
$1,000,000 each accident. Policy must be endorsed to reflect that the "Railroad
Liability"exclusion is deleted from the definition of an insured contract.
(4) Commercial Umbrella Insurance Coverage with a-limit of not less than $4,000,000.
each occurrence/$4,000,000 Aggregate. The coverage provided by this policy shall
be at least as broad in scope as the underlying liability coverages specked in (1),
(2), and (3)above.
The above policies shall name Transtar/EJ&E their Officers,Directors,Stockholders,
Employees,and Agents as Additional Insureds and shall be endorsed to provide coverage
to these Additional Insureds on a primary basis without seeking contribution from any other.
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insurance or self insurance available to.Transtar/EJ&E. In addition, the policies shall
contain Severability of Interest Clauses and Waivers of Subrogation in favor of
Transtar/EJ&E, their Officers, Directors, Stockholders, Employees, and Agents.
Licensee, and all Licensee's contractors,subcontractors,suppliers,etc.,retained by
Licensee in conjunction with this License, shall furnish to Transtar/EJ&E insurance
certificates in a form acceptable to Transtar/EJ&E evidencing compliance with the
foregoing requirements and stating that the Insurers will provide 30 days written notice of
the cancellation or material alteration in any of the required policies of insurance.
Railroad Protective Public Liability and Property Damage Insurance. The Licensee and/or
the Licensee's Contractors shall be required to provide this coverage for all construction
operations within 50 feet of Licensor's railroad property. This insurance shall provide for
payment not less than the amount of$2,000,000 per occurrence/$6,000,000 aggregate
combined single limit for Bodily Injury, Property Damage and Physical Damage. In
addition, if required, the policy shall be written showing Transtar/EJ&E as the named
insured and must be evidenced to Transtar/EJ&E via Certificate of Insurance prior to the
commencement of any operations and until such time as the original policy is provided by
the insurance company.
All coverages are to. be written on occurrence based policy forms with Insurers
acceptable to Transtar/EJ&E. Claims made policy forms are subject to prior review and
approval by Transtar/EJ&E.
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Licensee may self-insure with respect to any or all of the above. to the extent
customary under Licensee's risk management programs and in keeping with the risks
assumed by corporations of established reputation engaged in the same business.
Section 11, INDEMNITY AND LIABILITY.
(a) Licensee, as part of the consideration for this License, hereby releases and
waives any and all claims and demands that it may or might have against Licensor for and
on account of any damage or injury to its facilities or property of Licensee,whether or not
attributable to the sole or concurrent fault, failure or negligence of Licensor, its officers or
employees,agents,contractors,subcontractors or suppliers.Licensee does further agree
to indemnify, protect and save harmless Licensor, its officers and employees from any and
all claims, demands, awards and actions made, brought or obtained against Licensor, its
officers or employees, including but not limited to claims brought by Licensee, its agents,
servants or employees, for any and all injuries to persons, including death arising
therefrom, and damages to property due to, caused by or growing out of any accident or
occurrence which but for this License or the presence of Licensee's employees, agents,
contractors, subcontractors, or suppliers pursuant to this License, would not have been
incurred, even when such damages and injuries are attributable to the sole or concurrent
fault, failure or negligence of Licensor, its officers or employees, contractors,
subcontractors, or suppliers. Licensee agrees to defend, at its own expense, any suit or
action brought against Licensor, its officers or employees, by reason of any matters
referred to herein, and pay any judgment recovered in any such suit or suits. Licensee
acknowledges and agrees that this Section operates as a waiver of Licensee's immunity
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under any state or federal workers' compensation act, disability benefit act, or other
employee benefit act in order that Licensee's obligations hereunder shall in no way be
limited by the provisions of any state or federal workers'compensation act,disability benefit
act, or other employee benefit act.
(b) Licensee agrees to protect the property of Licensor, its officers and
employees(including rolling stock as well as stationary facilities)from damage on account
of any accident or occurrence which but for the license and privilege herein granted would
not have been incurred,and to promptly reimburse Licensor,its officers and employees,for
any and all such loss or damage.
(c) For the purposes of this section,the term Licensor shall include not only the
Licensor named herein but also any parent company(ies), subsidiary(ies)or affiliate(s)of
Licensor, or its or their agents, servants, employees, directors, officers, contractors,
subcontractors or suppliers.
(d) For the purposes of this section,the term Licensee shall_include not only the
Licensee-named herein, but also its officers;agents,employees,servants,contractors and
subcontractors.
Section 12, ASSESSMENTS AND TAXES.
Licensee, as a part of the consideration for this License,. agrees to pay all
} assessments and taxes on any lands or facilities of Licensor, which assessments and
taxes result from the license and privilege herein granted.
Section 13, TERMINATION.
(a) It is mutually agreed between the parties hereto that the license granted
herein shall be and continue in full force and effect until twelve (12)consecutive months
after Licensee shall cease to use the Equipment for the purpose herein stated, at which
time the rights granted herein shall cease and terminate absolutely and this License shall
be null and void.
(b) In the- event .of Licensee's breach of any covenant, condition or other
obligation of this License, Licensor shall have the right to terminate this License
immediately. Licensor's exercise of its right to terminate this License shall not excuse
Licensee from the fulfillment or satisfaction of any obligation under this License which has
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arued prior to Licensor's termination of same.
(c) All notices and communications concerning this License shall be addressed
to Licensor or to Licensee.at their respective addresses set forth herein, or at such other
address as either party may designate in writing to the other party.
(d) Upon termination of this License, Licensee shall remove all of its property,if
any, within the time specified in any notice of termination. In effecting such removal,the
premises shall be restored by Licensee to a condition satisfactory to Licensor's Chief
Engineer, or his duly authorized representative. If Licensee shall fail to make the removal
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in the manner and time set forth herein, Licensor may perform the removal and make.said
restoration,all at the sole risk,cost and expense of Licensee,and may also dispose of any
removed items without necessity to account for the same or to give further notice to
Licensee.
(e) If Licensee shall fail to make the required removal, Licensor shall have the
further option to elect and notify Licensee that all right,title and interest of Licensee in any
of its property shall be forfeited and shall vest absolutely in Licensor as of the date of
notice of such election.
Section 14,ADVANCE NOTIFICATION.
(a) Licensee shall notify the Chief Engineer of Licensor,in writing,at least fifteen
(15)days prior to starting construction and again by telephone at area code 219-883-4306
seventy-two (72) hours before any work herein provided for is to be undertaken.
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(b) Each contractor,engineering firm or other business entity, if any,retained by
the Licensee in conjunction with this License shall obtain a temporary permit from the
Licensor prior to occupation of the licensed site.
Section 15, ORDINANCES, REGULATIONS, ETC.
.(a) Licensee, at Licensee's sole cost and expense, shall comply with all
applicable ordinances, rules, regulations, requirements and laws of any governmental
authority,federal, state or local, having jurisdiction over Licensee's use and occupation.
under this License, including but not limited to zoning, health, safety, building or
environmental matters.
(b) Licensee shall further defend, indemnify and hold Licensor harmless from
any violations thereof, any penalty, levy, fine or assessments therefrom, and all costs of
defense of or compliance with any citation,order or violation notice(s), including any such
penalties; levies, fines, assessments, compliance or remedial charge(s) arising after
termination of this License that result from Licensee's failure to comply with the terms and
provisions of Section 15(a). For the purposes of this section, the term Licensor shall
include not only the Licensor named herein but also any parent company(ies),
subsidiary(ies) or affiliate(s) of Licensor, or its or their agents, servants, employees,
directors, officers, contractors, subcontractors or suppliers.
(c) Licensee shall execute the COMPLIANCE CERTIFICATE,attached hereto as
Exhibit"B"and made a part hereof,upon commencement of this License Agreement,and
on each subsequent annual anniversary thereafter, which shall state that Licensee is in
compliance with all laws,ordinances and regulations pertaining to its use of-the Equipment
as described in the USE section herein.
(d) Additionally, it is the Licensee's sole duty, responsibility and obligation to
determine whether a permit, license or-other type of documentation is required by law.
Where the Licensee is required to obtain a permit, license or other such documentation as
prescribed by law,upon commencement of this License Agreement, and on each annual
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i anniversary thereafter, Licensee will be required to furnish Licensor a copy of such valid
permit, license or other such documentation.
(e) Failure of Licensee to execute and deliver to Licensor the attached
COMPLIANCE CERTIFICATE.and/or, where applicable, failure to furnish Licensor with
copies of valid permits, etc., may result in,at the Licensor's sole option,termination of this
License Agreement.
Section 16, CLAIM OF TITLE.
Licensee shall not at any time own-or claim any right, title or interest in or to the
lands of Licensor, nor shall the exercise of this License for any length of time give rise to
any right, title or interest in or to the lands of Licensor, other than the license herein
created.
Section 17, RECORDING.
Licensee shall not record this License without the written consent of Licensor,
however, upon the request of either party hereto the other party shall join in the execution
of a memorandum or so-called"short form"of this License for the purpose of recordation,
provided Licensor has consented as required above: Said memorandum or short form of
this License shall describe the parties, the termination provision of this License and shall
incorporate this License by reference. The party requesting the recording shall pay the
recording costs.
Section 18, LIMITATIONS, RESERVATIONS,AND RESTRICTIONS.
This License is made on a quit-claim basis, subject to all of the limitations,
reservations and restrictions upon the title of the Licensor. Licensor does not warrant or
represent the extent or duration of its interest, if any, in the property. The extent and
duration of this License is intended to be consistent with such interest as Licensor may'
have in the property.
Section 19, INSPECTION.
Notwithstanding any other provisions of this License,nothing contained herein shall -
relieve Licensee from its obligation to inspect and at all times maintain in good condition
and repair the Equipment, and facilities located under, upon or over the land of-the
Licensor, or impose any obligation upon Licensor in respect to such. inspection and
maintenance.
Section 20 SUCCESSORS AND ASSIGNS.
The terms,covenants and provisions of this License shall inure to the benefit of and
be binding upon the successors and assigns of Licensor and-the successors and assigns
of Licensee.
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Section 21, TRANSFER, ASSIGNMENT OR SUBLICENSE.
Licensee shall not transfer or assign this License or any rights and privileges herein
granted except to a subsidiary, parent or common.controlled affiliate. This covenant shall
also apply whether such transfer is made voluntarily by Licensee or involuntarily in any
proceeding at law or in equity to which Licensee may be a party whereby any of the rights,
duties and obligations of Licensee shall be transferred, abrogated or in any manner
altered, without the. prior notice to and consent of Licensor. In the event of any such
unauthorized transfer or, assignment of this License, or any of the rights and privileges
hereunder, Licensor, at its option, may immediately terminate this License by giving
Licensee or any such assignee written notice of such termination.
Section 22,INDUCTIVE INTERFERENCE,
Licensee further agrees that in the event at any time hereafter the Licensor's wire or
radio communications systems, signal systems, or electric power systems, or any part of
any of them, shall sustain any inductive interference which in the opinion of the Chief
Engineer of the Licensor results, directly or indirectly from the installation, maintenance,
operation or use of such equipment, Lessee immediately upon demand to do so shall
cause such interference to be eliminated without cost or expense to the Licensor.
Section 23, TRACKS.
It is understood and agreed that the permission herein granted to Licensee does not
include the right to move heavy equipment or vehicles over any unprotected tracks of the
Licensor.
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It is understood and agreed that when in the judgment of the Chief Engineer of the
Licensor, it shall be necessary to protect the property of the Licensor,or property in its care
and custody, by the use of crossing flagmen or other.protective* measures, Licensee
promptly shall reimburse the Licensor for the entire cost and expense thereof.
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Section 24, MARGINAL NOTES.
Marginal notes used herein are placed for reading convenience and shall not have
any other meaning ,,implication or purpose, legal or otherwise.
Section 25. ENTIRE AGREEMENT.
This License and the Exhibits,and Rider,if any,attached hereto and forming a part
hereof, set forth all the covenants, promises, agreements,conditions and understandings
between Licensor and Licensee concerning the premises and there are no covenants,
promises,agreements,conditions or understandings,either oral or written, between them
other than are herein set forth. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this License shall be binding upon Licensor
or Licensee unless reduced to writing and signed by them.
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Section 26, STATE APPROVAL.
To the extent required by law, this License shall be subject to the approval, if
necessary, of any State Commerce Commission, Board of Public Utility Commissioners,
Public Service Commission or any such State body as may have jurisdiction.
Section 27, INTERPRETATION.
This License shall be governed by the laws of,the State of Illinois and all terms and
covenants shall be interpreted in accordance therewith.
Section 28. PARTIAL INVALIDITY.
In the event that any provision of this License shall be construed as or declared
invalid, unenforceable, or unconstitutional then such invalidity, unenforceability or
unconstitutionality shall not affect the remaining provisions of this License, and said
provisions .shall be given full force and effect as if the invalid, unenforceable or
unconstitutional provision did not exist.
Section 29, NON WAIVER OF COVENANTS.
The failure of either party to enforce any of the provisions of this License at any time
shall in no way be construed to be a waiver of such provisions nor in any way affect the
validity of this License, or any part thereof, nor the right of any party thereafter to enforce
each and every such provision.
Section 30, NOTICES.
Any notice,other than the ADVANCE NOTIFICATION described herein,required or
permitted to be given under this License Agreement shall be in writing and deemed to have
been given when deposited in a United States Post Office, registered or certified mail,
postage prepaid, return receipt requested and addressed as follows:
If to Licensor: Director Asset Management
Elgin, Joliet and Eastern Railway Co.
1141 Maple Road
Joliet, Illinois 60432
If to Licensee: City of Elgin
150 Dexter Court
Elgin, IL 60120=5555
Section 31, RELATIONSHIP OF THE PARTIES.
The relationship of the parties is that of independent contractors and in no way
establishes an agency relationship..
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Section 32, SURVIVAL CLAUSE.
Notwithstanding any other section of this License, the rights and obligations of the
parties expressed in this License, including but not limited to, any provisions concerning
Indemnity and Liability, shall remain in effect for any legal proceeding brought against
Licensor, its officers or employees, which was commenced after the termination, for
whatever reason,of this License but was caused by, alleged to be caused by,or grew out
of any accident or occurrence which but for this License or the presence of Licensee's
employees, agents, contractors, subcontractors, or suppliers pursuant to this License,
would not have been incurred, even when such proceeding is attributable to the sole or
concurrent fault, failure or negligence of Licensor, its officers or employees, contractors,
subcontractors, or suppliers.
Venue for the resolution of any disputes or the enforcement of any rights arising out
of or in connection with this Agreement shall be in the Circuit Court of Kane County, Illinois.
IN.WITNESS WHEREOF, the parties hereto have mutually executed this License
Agreement, in duplicate, as of the day and year first above written.
ELGIN, JOLIET AND EASTERN RAILWAY COMPANY
Title:. General Manager— Northern Operations
CITY OF ELGIN
By:
Title:
eigin
11/11/04
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ELGIN, JOLIET AND EASTERN RAILWAY COMTANY
PIPELM DATA SHEET
Pipeline Owner: Cit of Elgin,
Owner Telephone Number: 847-931-6100
Owner Address: 150 Dexter Court, . Elgin,- IL. 60120-5555
Pipeline Location (municipality,county, state): Elgin, Cook, IL.
Railroad-Brainch/Line: 4.,+r4.,��
Raffi ad Station:.
DESCRIPTION CARRIER PIPE CASING PIPE
Contents to-be haiadled . sewcme sewer--pi pe
Pipe outside diameter 12" 24"
Pipe material PVC-$M-26 steel
Pipe specificatfon and grade A'IM D-3034
Pipe w thickness 0.47111. .6 50 r;
Actual working pressure
Type of joint CLe.,welded,mechanical, etc.) push-on welded
Coating none Bitum.
Method of installation (i.e ,-bore,jack,etc.) bore
Bury base of rail to top of casing (carrier if uncased) 18' Rlus
Bury not beneath'tracks
Bury at roadway ditches 6�'
Distance centerline track to face of jacling/receiving pit 50'
Bury base of rail to bottom jacking/receiving pit 22'
Cathodic protection(yes/no) No
Supports or insulators @ casing-Type:
Size: Spacers:
Seals Qa casing ends-Both ends: R -One end:
Type: motar
Vents @ casing for flammable-Number: Size: Height above ground:
Mxwl. YtE�n SYa.��6er� Fo,R.. e-A5 v4 P%Pe is;
nMPsrzavi
EXHIBIT B
DATE:
LICENSE NO.
EFF. DATE OF LICENSE
COMPLIANCE CERTIFICATE
1. ,(Licensee)acknowledges and certifies that its
operations, related to this occupation, are in compliance with all applicable
ordinances, rules, regulations,requirements and laws of any governmental authority
including those implemented by local,state or federal authorities having jurisdiction
over Licensee's use and operation upon said Premises, including but not limited to
zoning, health, safety, building and/or environmental matters..
2. Licensee certifies that it must maintain in full force and effect the following permit(s),
license(s) and/or other such documentation as follows:
Type of Agency Requiring Effective Expiration
Document Document Date Date
(If no such documentation is required, state so in sentence.form.)
3. Licensee shall.further defend, indemnify and hold harmless Licensor from any
violations thereof, any penalty, levy,fine,or assessment therefrom,and all costs of
defense or compliance with any citation,order or violation notice(s),compliance or
remediation charge(s)arising after the termination of this License.This includes any
citation, order or violation notices issued by any governmental authority including
local, state or federal.
For the purposes of this section, the term Licensor shall include not only the
Licensor named herein, but also any parent company(ies), subsidiary(ies) or
affiliate(s) of Licensor, or its or their agents, servants, or employees.
Failure of Licensee:to execute this COMPLIANCE CERTIFICATE,and if applicable,famish
Licensor with a valid copy of required documentation, may result,at Licensor's sole option,
in termination of the License Agreement.
CITY OF ELGIN
By:
Date:
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