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HomeMy WebLinkAbout07-57 'I OF Etc � \ ��§ City of Elgin January 29, 2009 RE: Resolution No. 07-57 Agreement#011207 with Iowa, Chicago and Eastern Railroad Corporation regarding construction of a 16 inch water line in the Pingree Creek development To Whom It May Concern: The document listed above was sent out for signatures to another entity and an executed copy was never returned to the City Clerk's office for record retention. Attached is the un-executed copy that was sent out for signature. Thank you. -- SPEED MESSAGE FROM v1/4f2Qr C CSA � c� O u v =� x� X�( t �` �f 4' 'v v • te �� - t �.. �,. ���, `" ..,. 6 �x; �.. �' DATE P-ka �t3a� Ao.V t cC\-'Cnc Kohetzievt vi+S c:+criA C'Vv inQ oL\ dC f4.-\-U Y to n �.t CJ( e3 2..e J'ttal of t � SIGNEDs—%1 /u C �c•.��rr7 t WIlsonJ008Ss WHITE-ORIGINAL CANARY-DUPLICATE 44-900•Duplicate Resolution No. 07-57 RESOLUTION AUTHORIZING EXECUTION OF LICENSE AGREEMENT #011207 WITH IOWA, CHICAGO AND EASTERN RAILROAD CORPORATION REGARDING CONSTRUCTION OF A 16 INCH WATER LINE IN THE PINGREE CREEK DEVELOPMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock, Mayor, and Dolonna Mecum, City Clerk,be and are hereby authorized and directed to execute a License Agreement with Iowa,Chicago and Eastern Railroad Corporation on behalf of the City of Elgin in connection with the crossing of railroad tracks for construction of a 16 inch water line in the Pingree Creek Development,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: February 28, 2007 Adopted: February 28, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk s/Jennifer Quinton Jennifer Quinton, Deputy City Clerk LICENSE AGREEMENT#011207 IOWA, CHICAGO 8c EASTERN RAILROAD CORPORATION, a Delaware corporation, hereinafter referred to as"Company",hereby licenses CITY OF ELGIN,hereinafter referred to as "Licensee",subject to the terms and conditions hereinafter set forth, to construct, install, maintain and use a 16" water line hereinafter referred to as "Facility", upon and across the right-of-way and property and under or over the tracks of the Company near MP 44.08,1679' east of Reinking Road centerline, Pingree Grove, IL, pursuant to request of the Licensee and in accordance with the plan and in the location shown in yellow on map dated January 23, 2007, attached hereto,made a part hereof,for the sole purpose of supplying water. The Company may,at its option and without liability to the Licensee,revoke this license at any time by giving written notice thereof to the Licensee if the Licensee shall violate or breach any of the following terms and conditions: 1. The Licensee will procure all necessary public authority for the construction, installation, maintenance and use of said Facility and use said Facility in conformity with all requirements of public authority. 2. The Licensee will pay all taxes and assessments that may be levied or assessed against said Facility. 3(a). Said Facility shall be constructed, installed and maintained by and at the expense of the Licensee,in a manner satisfactory to the Company. 3(b). The Company shall have the right at any time to judge the necessity of repairs to said Facility. The Licensee will, within ten (10) days after written notice, make all necessary repairs at its expense. 3(c). If, at any time the Company judges it necessary to change the location, elevation or method of construction or installation of said Facility,the Licensee will do so at its sole expense. 4. Right of entry will be granted by the Company's representative upon request from the Licensee's contractor after the Company has received a copy of the Railroad Protective Liability Insurance Certificate from the Licensee or its contractor and has notified the Licensee or its contractor of approval for said insurance. Said insurance limits shall be$6,000,000.00 aggregate limit and$2,000,000.00 each occurrence. 5. The Licensee agrees to pay the Company $15.00 per protective train order,per day, issued by Company, for each train passing through or affected by said construction area when work performed by Licensee or its contractor is within the scope stated herewith: A. Men,equipment,material,structures or any other obstructions are placed within 25 feet laterally of the centerline of track; B. Men,equipment,material,structures or any other obstructions working or placed at any distance vertically from top of rail of said track,within 50 feet laterally of the centerline of said track; 1 C. Protective train orders shall be issued until completion of construction to the satisfaction of Company's Engineering Department. D. Work outside of 25 feet from track centerline will be covered by protective train order. 6. The Licensee or its contractor agrees to pay the Company the actual costs of flagging services e work performed by the Company in manner stated herewith: , A. Flagging services performed per day-$300.00 or actual expenses,incurred by Licensee; B. Flagging services required when men, equipment, material, structures or any other obstructions are placed within 25 feet laterally of the centerline of track; C. Flagging services required when men, equipment, material, structures or any other obstructions are working or placed at any distance vertically from top of rail of said track within 50 feet laterally of the centerline of said track;and D. Flagging services are required on days of active construction by Industry or others at said location, 7. The Licensee or its contractor agrees to notify the Engineering Department of the Company (605-782-1551)48 hours prior to commencing any work on Company right-of-way. 8. In case of an emergency call 1-800-658-3551. A copy of this agreement must be in the contractor's possession while performing work on job site and the contractor must be prepared to produce it upon proper demand. No work will be permitted if a copy is not available upon demand. 9. The Licensee assumes and agrees to protect, indemnify and hold harmless the Company, its • .officers, agents, employees, invitees and other licensees, from and against any and all claims, demands,suits,liability and expense by reason of loss or damage to any property whatsoever or injury to or death of any person whomsoever,from any cause whatsoever,arising or growing direct or indirectly out of said Facility. 10. This License is personal to the Licensee and is not assignable or transferable without the written consent of the Company. • 11. For the privileges herein permitted,the Licensee shall pay to the Company a onetime fee of Zero Dollars and no/100($0.00). This facility is installed in public right of way. IN WITNESS WHEREOF, this instrument is executed at Sioux Falls, South Dakota this day of C-0.,6r%my v ,2007. J l ATTEST: IOWA,CHICAGO&EASTERN RAILROAD CORPORATION By: Title: is The undersigned, the Licensee mentioned in the foregoing License, ACCEPTS the same subject to the terms and conditions therein stated. ATTEST: CITY OF ELGIN - By. C 6/ /c/�� ED SCHOCK Title: MAYOR CITY CLERK II e• ` CSL C,l 1 d.-.C. ,./ . ..."' i'. „.' • ...."• '''' *12,1.4<-.. .•- .•• .. ; •-•<-''- .„41k,,,, ; ...--•-•-'-- /\ ..,,14 1'\ \ . • ....; .r• \ .-- -- ,--- .--- \ \ • .,-----' „ \ / \ .----t---. ------ \., \ 'r ..,.. • : .. •- ,- --- - ----- • t \ (.1 Y ' --,( I ''' • \ " • " - it . \ ' •2:,`-' 0111411 ' :.- r'-,101-41. h i,.. •,-;----.- . ' i' P'.• ‘ ...,;_-. ..- --- \ • i 1. \ \ \ I, \\ 0, • '0* , N V' \NN x\s, ;4•,-- . i , T 'P'"++.l', .'tr ' °w'4". .6 '''',41-1` ,t4•'1., 44.N u \ \ C,. — ) ;at, .i'.;:,i ,, "ci .. VI 1?6'..‘, lg• C.,t?, * ' 4' I CC + 0 06.0.0.,1\ / If: f ' / Sol 4,..,4 ,..,t -4 1111 1 t,{ f. .o."..' ' ON/£14 •H,Fk -, ' st '‘,.,44 "4 tiAc , ‘,,, „, _ WI'. ;war.... 231-1114-.:z,., ' 0 > N :s"!il..;,..N: ' ' ' ....... . 0•Pi -:,. ___ '', it•.1.0 0...."'S ;- l'", 6•:,.............****'""'777. ..loirem#V,!,.4"r"r". E. 27:'•'..' i "- \ ,.WIRE • s,,,,im.s 1:+01,4 ';.:......, . \ ..••%* . .1 ..;1"....6 it.wallow.*io• V \ IOWA, CHICAGO & 4' ' 4 • 2/-/y,„.. : •.. . . -, •:•,..• ,c. 0, c•,.,•2 -,.., s-- - , - \ EASTERN RAILROAD ci.1 . At- SIOUX FALLS, S.D. 4 y.A-'0 ,,,,,•°e''' .,.':.:t LO \ i LOCATION: Pingree Grove, IL -. -4t License Agreement #011207 CITY OF ELGIN , ; "b ' "''.• i;:;;; r;;, •-• MP 44.08— 1679' East of Reinking Rd. Centerline—UG 16" Water Pipe >ocr DATE01-23-07 SCALE: 1"=400' 1k1.i, . 1 • LICENSE AGREEMENT#011207 IOWA, CHICAGO &EASTERN RAILROAD CORPORATION, a Delaware corporation,hereinafter referred to as "Company", hereby licenses CITY OF ELGIN, hereinafter referred to as "Licensee", subject to the terms and conditions hereinafter set forth, to construct, install, maintain and use a 16" water line hereinafter referred to as "Facility", upon and across the right-of-way and property and under or over the tracks of the Company near MP 44.08, 1679' east of Reinking Road centerline, Pingree Grove, IL, pursuant to request of the Licensee and in accordance with the plan and in the location shown in yellow on map dated January 23, 2007, attached hereto,made a part hereof,for the sole purpose of supplying water. The Company may,at its option and without liability to the Licensee,revoke this license at any time by giving written notice thereof to the Licensee if the Licensee shall violate or breach any of the following terms and conditions: 1. The Licensee will procure all necessary public authority for the construction, installation, maintenance and use of said Facility and use said Facility in conformity with all requirements of public authority. 2. The Licensee will pay all taxes and assessments that may be levied or assessed against said Facility. 3(a). Said Facility shall be constructed, installed and maintained by and at the expense of the Licensee,in a manner satisfactory to the Company. 3(b). The Company shall have the right at any time to judge the necessity of repairs to said Facility. The Licensee will, within ten (10) days after written notice, make all necessary repairs at its expense. 3(c). If, at any time the Company judges it necessary to change the location,elevation or method of construction or installation of said Facility,the Licensee will do so at its sole expense. 4. Right of entry will be granted by the Company's representative upon request from the Licensee's contractor after the Company has received a copy of the Railroad Protective Liability Insurance Certificate from the Licensee or its contractor and has notified the Licensee or its contractor of approval for said insurance. Said insurance limits shall be$6,000,000.00 aggregate limit and$2,000,000.00 each occurrence. 5. The Licensee agrees to pay the Company $15.00 per protective train order, per day,issued by Company, for each train passing through or affected by said construction area when work performed by Licensee or its contractor is within the scope stated herewith A. Men,equipment,material, structures or any other obstructions are placed within 25 feet laterally of the centerline of track; B. Men,equipment,material,structures or any other obstructions working or placed at any distance vertically from top of rail of said track,within 50 feet laterally of the centerline of said track; C. Protective train orders shall be issued until completion of construction to the satisfaction of Company's Engineering Department. D. Work outside of 25 feet from track centerline will be covered by protective train order. 6. The Licensee or its contractor agrees to pay the Company the actual costs of flagging services (111'‘ work performed by the Company in manner stated herewith: A. Flagging services performed per day-$300.00 or actual expenses,incurred by Licensee; B. Flgging services required when men, equipment, material, structures or any other obstructions are placed within 25 feet laterally of the centerline of track; C. Flagging services required when men, equipment, material, structures or any other obstructions are working or placed at any distance vertically from top of rail of said track within 50 feet laterally of the centerline of said track;and D. Flagging services are required on days of active construction by Industry or others at said location. 7. The Licensee or its contractor agrees to notify the Engineering Department of the Company (605-782-1551)48 hours prior to commencing any work on Company right-of-way. 8. In case of an emergency call 1-800-658-3551. A copyof this agreement must be in the � � g contractor's possession while performing work on job site and the contractor must be prepared to produce it upon proper demand. No work will be permitted if a copy is not 1 available upon demand. 9. The Licensee assumes and agrees to protect, indemnify and hold harmless the Company, its .officers, agents, employees, invitees and other licensees, from and against any and all claims, demands,suits,liability and expense by reason of loss or damage to any property whatsoever or injury to or death of any person whomsoever,from any cause r whatsoever,arising or growing direct or indirectly out of said Facility. 10. This License is personal to the Licensee and is not assignable or transferable without the written consent of the Company. 11. For the privileges herein permitted, the Licensee shall pay to the Company a onetime fee of Zero Dollars and no/100($0.00).This facility is installed in public right of way. IN WITNESS WHEREOF, this instrument is executed at Sioux Falls, South Dakota this day of ,2007. ATTEST: IOWA,CHICAGO&EASTERN RAILROAD CORPORATION By: Title: The undersigned, the Licensee mentioned in the foregoing License, ACCEPTS the same subject to the terms and conditions therein stated. ATTEST: CITY OF ELGIN By: Title: C.,•i I ,,,A-C 4 . ; ".. -' ,-' rib'''' , r N, , ...._, t ..... .„,. ,,,, ...... \ ..... \ • \ , , . .. \ \.. . • „...„ \ .. . \ . . ,...% ...1G • c,c) . . ' \,-- ,-15- \.‘.•''' ''..' .-- ''. \ \ \ \ \ r , o, V" ....,,, r„.....- 4 IC ki 40 I-CI ti vo ,..j.'\p \\..._ Z "... .: 4-1•br 4;44•\-:ttn ' \''.6 \ Ci.. Ci in 41I w dr x.-.4! u \ I, al ,o,0- c' itl r • * — •-•" NI 1 ‘ / m14:4 ci i r.. t.! .•( t-"It-. N 4., * ''-•., •• ' r. co „,....0" .I: _. f• 4, In 1 4.\.4 ...,.. > ,.,r. ,•0,4 rn ''' I:1 .4°,1 on 'N.,'- r".••••.N. ''.• a ,.c,r,.. .,_ s.. ' -dEN qv kfte ,riar,c E_ ...;;;;;;„...... ..,... " co 1TV-, • ..=, ....4.......... ---."-----"— ---------------"'''.% 410. ..•""""'"'""n"...".J.: --------------.... . 5,wiRE FE mc E... '1,,,;:- " - se----T.:L. 9-"V...:_-7""'"=.,,.."'L...40......... .•-.16. , .0' - • _ . ..-VIOWA, CHICAGO & 1 CI 4' k,/‘/V A 1 i tO . -,:%• a a ,...c: - smr • \ EASTERN RAILROAD t-: 0 ..A ,,s, 1, ,,•.,-. ,6-. 0,, i„, _, 1 ve ‘44., ,..,.../'' ' SIOUX FALLS, S.D. I.. .., ,. LOCATION: Pingree Grove, IL — 0 •:::. , . ................ .c. S, *4 ' License Agreement #011207 r. MP 44.08 - 1679' East of Reinking Rd. 4 -1 >r.• ,,,,• 0 .•-• Centerline- UG 16" Water Pipe ...„...- DATE: 01-23-07 SCALE: 1"=400' ,__._..------- ---- 1 t4 ii r. LICENSE AGREEMENT#011107 IOWA, CHICAGO &EASTERN RAILROAD CORPORATION,a Delaware Corporation, hereinafter referred to as "Company", hereby licenses CITY OF ELGIN,hereinafter referred to as"Licensee", subject to the terms and conditions hereinafter set forth, to construct, install, maintain and use a 20" sanitary sewer line hereinafter referred to as"Facility", upon and across the right-of-way and property and tinder or over the tracks of the Company near MP 44.08, 1728' East of Reinking Rd., Pingree Grove, IL, pursuant to request of the • Licensee and in accordance with the plan and in the location shown in yellow on map dated January 23,2007, attached hereto,made a part hereof,for the sole purpose of disposing of sanitary waste. The Company may, at its option and without liability to the Licensee,revoke this license at any time by giving written notice thereof to the Licensee if the Licensee shall violate or breach any of the following terms and conditions: 1. The Licensee will procure all necessary public authority for the construction, installation, maintenance and use of said Facility and use said Facility in conformity with all requirements of • public authority. • 2. The Licensee will pay all taxes and assessments that may be levied or assessed against said Facility. 3(a). Said Facility shall be constructed, installed and maintained by and at the expense of the Licensee,in a manner satisfactory to the Company. 3(b). The Company shall have.the right at any time to judge the necessity of repairs to said Facility. The Licensee will, within ten (10) days after written notice, make all necessary repairs at its expense. 3(c). If, at any time the Company judges it necessary to change the location, elevation or method of construction or installation of said Facility,the Licensee will do so at its sole expense. • 4. Right of entry will be granted by the Company's representative upon request from the Licensee's contractor after the Company has received a copy of the Railroad Protective Liability Insurance Certificate from the Licensee or its contractor and has notified the Licensee or its contractor of approval for said insurance. Said insurance limits shall be$6,000,000.00 aggregate limit and$2,000,000.00 each occurrence. • 5. The Licensee agrees to pay the Company $15.00 per protective train order, per day, issued by Company, for each train passing through or affected by said construction area when work performed by Licensee or its contractor is within the scope stated herewith: A. Men,equipment,material,structures or any other obstructions are placed within 25 feet laterally of the centerline of track; B. Men,equipment,material,structures or any other obstructions working or placed at any distance vertically from top of rail of said track,within 50 feet laterally of the centerline of said track; • C. Protective train orders shall be issued until completion of construction to the satisfaction of Company's Engineering Department. D. Work outside of 25 feet from track centerline will be covered by protective train order. rik 6. The Licensee or its contractor agrees to pay the Company the actual costs of flagging services 1 ti work performed by the Company in manner stated herewith: A. Flagging services performed per day-$300.00 or actual expenses,incurred by Licensee; B. Flagging services required when men, equipment, material, structures or any other • obstructions are placed within 25 feet laterally of the centerline of track; C. Flagging services required when men, equipment, material, structures or any other obstructions are working or placed at any distance vertically from top of rail of said track within 50 feet laterally of the centerline of said track;and • D. Flagging services are required on days of active construction by Industry or others at said location. 7. The Licensee or its contractor agrees to notify the Engineering Department of the Company (605-782-1551)48 hours prior to commencing any work on Company right-of-way. 8. In case of an emergency call 1-800-658-3551. A copy of this agreement must be in the contractor's possession while performing work on job site and the contractor must be prepared to produce it upon proper demand. No work will be permitted if a copy is not • available upon demand. 9. The Licensee assumes and agrees to protect, indemnify and hold harmless the Company, its officers, agents, employees, invitees and other licensees, from and against any and all claims, demands,suits,liability and expense by reason of loss or damage to any property whatsoever or injury to or death of any person whomsoever, from any cause whatsoever, arising or growing direct or indirectly out of said Facility. 10. This License is personal to the Licensee and is not assignable or transferable without the written consent of the Company. 11. For the privileges herein permitted, the Licensee shall pay to the Company a onetime fee of Seven Hundred Fifty Dollars and no/100 ($750.00). IN WITNESS WHEREOF, this instrument is executed at Sioux Falls, South Dakota this day of ,2007. • ATTEST: IOWA,CHICAGO &EASTERN RAILROAD CORPORATION By: Title: • The undersigned, the Licensee mentioned in the foregoing License, ACCEPTS the same subject to the terms and conditions therein stated. .• • ATTEST: CITY OF ELGIN r By: Title: . . . '' .., ,7.„ ' .•' I''''' '. •1 2 l'Nl\q.. \ . ( . , •If \ $ \ ....- i .../. 4- .1 ,.•'''- I \ ,,,, .....-. I:\ 1 1 \ . ------ , i \ \ s as"sjNi . .. • , , . . , _ ',..----- \ li c., -a GC "."-* 6 !,. . . . 1 - \A....A.... \ \ \ r , , a I X\ 4 a CI . %.9 1 44•kr \ ct 4 6 1 , • ea 4-J• b". C• w d. x'.41: Go• ii \ 4. . I tc • . 4- + .„,„ + 4. ',. + 0 .,•, i'4 I St • \ 47 0; 4- . 4.1•1 ct N 4: \,, i-J 0 ' \ i • o > 4, . .w5'—— --''' ••anti Ns...,71 NN S W 1 P.4.• r ENcs. ....,,,,.. wi R E t. -...........rm.. ,,,,..........._. .. .. , 7., , .-----/-- iii-•* -iiw-.11i _____---. ...... ,...„.„,.; ,..„ -- ..... .••,,,..........•_• 00_0, ..,,,.. , WIRE ..,....:,. --------- _ \ IOWA, CHICAGO & 1,11.1 41 4 / ,f1 i * \ EASTERN RAILROAD li SIOUX FALLS, S.D. .............000.00,01:.:.:. 1. ,,c, 4; LOCATION: Pingree Grove, IL NN-NNN\ License Agreement #011107 rig'•1 .,,, .....,:?..; '4 r. CITY OF ELGIN MP 44.08- 1728' East of Reinking Rd. Centerline- UG 20" Sanitary Sewer i :..,.. . . -• o v//' ..„......... DATE: 01-23-07 SCALE: 1"=400' ---------- - .... .. _, OF Et 0,.00 ' Agenda Item No. k< 4j § City of Elgin \� ,00 February 9, 2007 TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager ,;,,,;;;,,ti,;;,;t. Joe Evers, City Engineer Cit; <., ,„ SUBJECT: License Agreement with Iowa, Chicago and Eastern Railroad Corporation for Crossing Railroad Tracks for Construction of a Water Main and a Sanitary Sewer PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to authorize the execution of two license agreements with the Iowa, Chicago and Eastern Railroad Corporation for crossing their railroad tracks to construct a 16-inch water main and a 20-inch sanitary sewer within the Pingree Creek Development. RECOMMENDATION It is recommended that the City Council authorize the execution of the two subject two license agreements in the amount of$750 with Iowa, Chicago and Eastern Railroad Corporation for use of their right-of-way for the proposed installation of a 16-inch water main and a 20-inch sanitary sewer. BACKGROUND On February 22, 2006, the City of Elgin entered into the "Public Improvements Construction Agreement" with several development companies for the construction of sanitary sewer and water main to extend service from the Providence Subdivision to the Highland Woods, Pingree Creek and HPI East developments. The attached license agreements will permit the extensions to cross the Iowa, Chicago and Eastern Railroad's right-of-way in order to serve the north half of the Pingree Creek development. The developer's engineer, Sheaffer and Roland, Inc., designed the sanitary sewer and water main extension. Plans for the extensions indicate that these utility extensions will be crossing the railroad at two locations. Both crossings are near Mile Post (MP 44.08), approximately 1,700 feet east of the Reinking Road railroad crossing within the Village of Pingree Grove. Both crossings are located within the City of Elgin corporate limits. The water main crossing is identified by license agreement number 011207 and the sanitary sewer crossing is identified by license agreement number 011107. . • rib' Water Railroad Crossing License Agreement February 9, 2007 Page 2 The license agreements stipulate that the City is authorized to cross the railroad's right of way in the above noted locations for a total fee of$750.00. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None ?lbFINANCIAL IMPACT The cost of the license agreements with Iowa, Chicago and Eastern Railroad Corporation totals $750. As described in the "Public Improvements Construction Agreement" the City issued $10 million in general obligation bonds to fund sewer and water improvements connected with the project with users of the improvement reimbursing the City for the debt retirement. The $750 per crossing fee is an eligible project cost and can be invoiced against the balance of the $10 million agreement. The parties to the above agreement shall also be financially responsible for any other costs related to the crossing work such as insurance and railroad flag persons. L AL IMPACT one ALTERNATIVES 1. Approve the license agreements with Iowa, Chicago and Eastern Railroad Corporation. 2. Do not approve the license agreements at this time which would impact the ability to serve the Pingree Creek development to proceed. Respectfully submitted for Council consideration. (do) Attachment