HomeMy WebLinkAbout03-142 Resolution No. 03-142
RESOLUTION
AUTHORIZING EXECUTION OF A PARKING FACILITY EASEMENT AGREEMENT
WITH THE COMMUTER RAIL DIVISION OF THE
REGIONAL TRANSPORTATION AUTHORITY FOR THE CONSTRUCTION
OF A COMMUTER PARKING FACILITY AT THE
NATIONAL STREET METRA STATION
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 Parking
Facility Easement Agreement with the Commuter Rail Division of the
Regional Transportation Authority for the construction of a
commuter parking facility at the National Street Metra Station, a
copy of which is attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to cause the Parking Facility Easement
Agreement to be recorded in the office of the Recorder of Deeds of
Kane County, Illinois .
s/Ed Schock
Ed Schock, Mayor
Presented: May 28, 2003
Adopted: May 28, 2003
Omnibus Vote: Yeas : 6 Nays : 0
Attest :
s/Dolonna Mecum
Dolonna Mecum, City Clerk
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PARKING FACILITY EASEMENT AGREEMENT
THIS AGREEMENT is entered into by and between the City of Elgin, an Illinois municipal
corporation("Grantor")and the Commuter Rail Division of the Regional Transportation Authority,
a division of an Illinois municipal corporation ("Metra"). Grantor and Metra are hereinafter
sometimes individually referred to as a "Party" and jointly referred to as the "Parties".
NOW,THEREFORE,for and in consideration of the covenants and agreements hereinafter
stated, Grantor hereby grants to Metra an easement ("Easement") on, over, across, and along that
portion of Grantor's real property delineated on the plan attached to and made a part of this
Agreement as Exhibit "A" ("Premises"), for use as a commuter parking facility for commuter
railroad purposes ("Parking Facility"), and thereafter to maintain, repair, operate and renew the
same during the continuance of this Easement.
This Easement is granted upon the following express conditions, terms and covenants to be
observed, kept and performed by Metra:
1. Metra shall construct the Parking Facility in a manner so as not to interfere with the
existing drainage of the Premises or any other Grantor property ("Property"). Metra agrees to
construct and at all times maintain the Parking Facility so as to protect any and all improvements
now or hereinafter located on the Premises or the Property. All of said work shall be done at Metra's
sole cost and expense, in a good and workmanlike manner, and in accordance with the requirements
of the plans, specifications, and profiles approved by Grantor.
2. Upon completion of any construction, replacement, repair or maintenance of the
Parking Facility, Metra, at its own cost and expense, shall remove any debris and restore, or cause
to be restored to the reasonable satisfaction of Grantor, the Premises and the Property as nearly as
may be,to the same or better condition than that which existed immediately prior to commencement
of such activities by Metra. In the event Metra fails to cause the Property to be restored to the
reasonable satisfaction of Grantor as provided for herein, Grantor shall have the right to restore the
Property and Metra shall reimburse Grantor for all costs and expenses incurred by Grantor in its
performance of the obligations imposed upon Metra hereunder.
3. Grantor shall permit Metra reasonable right of access to the Premises for the purpose
of constructing, replacing, repairing, maintaining and operating said Parking Facility.
4. Any rights to the Premises not specifically granted to Metra herein are reserved tO
Grantor and its successors and/or assigns. This Easement is expressly subject to the rights of third
parties to maintain utility and other improvements permitted by Grantor on the Premises and the
Property. Grantor reserves the exclusive right to grant future easements over, under, across or
parallel to the said Parking Facility.
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5. Metra agrees that it will pay all costs of any and all work performed upon the
Premises or Property which shall be made necessary by the construction, maintenance, repair,
replacement, renewal or presence thereon of said Parking Facility. Such costs will be payable to
Grantor within thirty (30) days of presentation of a bill by Grantor.
6. Metra agrees that should the construction, maintenance, operation, repair or presence
of the Parking Facility necessitate any change or alteration in the location or arrangement of any
improvements located on the Premises or the Property,the cost of such change or alteration shall be
paid by Metra within thirty (30) days of presentation of a bill by Grantor. If Metra shall fail, neglect
or refuse to make such change(s) to the Parking Facility for a period of ninety (90) days after the
receipt of written notice from Grantor,then Grantor may make or cause to be made such relocation
or change(s) at the expense of Metra.
7. Metra shall at all times use, operate and maintain said Parking Facility in a secure,
safe and sanitary condition and in accordance with all applicable laws, ordinances, rules and
regulations. Metra shall take all reasonable safety precautions to adequately secure the Premises,
warn of risks and ensure the safety of the public, when necessary, during periods of use and
operation of the Parking Facility. If the manner of constructing, repairing, maintaining, replacing
or operating said Parking Facility shall at any time be in violation of any applicable law, rule,
regulation or ordinance,then Metra, at no cost or expense to Grantor and upon receipt of appropriate
notice from a governmental agency having enforcement jurisdiction over the Premises, shall make
such changes or repairs as shall be necessary. Failure or refusal of Metra to make the required
changes or repairs within the time prescribed by said agency shall terminate this Easement,provided
that it shall not terminate as long as Metra, in good faith and by pursuit of appropriate legal ot
equitable remedies, enjoins, defends against, appeals from or pursues other lawful measures to avoid
the enforcement of said laws, ordinances, rules or regulations.
8. To the fullest extent permitted by law, Metra hereby assumes and agrees to release,
acquit and waive any rights against and forever discharge Grantor, its respective directors, ad-
ministrators, officers, employees, agents, successors, assigns and all other persons, firms and
corporations acting with or upon their authority from and against any and all claims, demands or
liabilities imposed upon them by law or otherwise of every kind, nature and character on account
of personal injuries, including death at any time resulting therefrom, and on account of damage to
or destruction of property arising from any accident or incident which may occur to or be incurred
by Metra, its employees, officers, agents and all other persons acting on its behalf while on the
Premises or the Property. Notwithstanding anything in this Easement to the contrary, the releases
and waivers contained in this paragraph shall survive termination of this Easement.
9. To the fullest extent permitted by law, Metra agrees to indemnify, defend and hold
harmless Grantor, its respective directors, administrators, officers, agents and employees, from and
against any and all injuries, liabilities, losses, damages, costs,payments and expenses of every kind
and nature (including court costs and attorneys' fees) as a result of claims, demands, actions, suits,
proceedings, judgments or settlements, arising out of or in any way relating to or occurring in
EhpaPkgFacEmt MArch 26,2003 2
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connection with Metra's or the public's use of or the condition of the Premises except to the extent
such injuries, liabilities, losses, damages, costs, payments or expenses are caused by the actions,
omissions or negligence of Grantor. Grantor agrees to notify Metra in writing within a reasonable
time of any claim of which it becomes aware which may fall within this indemnity provision. Metra
further agrees to defend Grantor, its respective directors, administrators, officers, agents and
employees against any claims, suits, actions or proceedings filed against any of them with respect
to the subject matter of this indemnity provision, whether such claims, suits, actions or proceedings,
are rightfully or wrongfully made or filed; provided, however, that Grantor may elect to participate
in the defense thereof at its own expense or may, at its own expense, employ attorneys of its own
selection to appear and defend the same on behalf of Grantor and its respective directors,
administrators, officers, agents or employees. Metra shall not enter into any compromise, or
settlement of any such claims, suits, actions or proceedings without the consent of Grantor, which
consent shall not be unreasonably withheld. Notwithstanding anything to the contrary contained in
this Agreement, the indemnities contained in this paragraph shall survive termination of this
Easement and the indemnification and hold harmless provisions set forth in this Agreement shall not
be construed as an indemnification or hold harmless against and from the negligence of Grantor with
respect to any construction work performed by Metra or those performing on behalf of or with the
authority of Metra in violation of the Illinois Construction Contract Indemnification for Negligence
Act.
10. Prior to commencement of any work to be performed on or about the Premises under
the terms of this Easement, Metra shall self-insure or purchase or shall require its contractor(s)
and/or sub-contractor(s) to purchase the following insurance coverage. The total cost of the
premium for such insurance shall be at the expense of Metra or its contractors and/or sub-
contractor(s):
(a) Comprehensive General Liability Insurance (ISO Form).
Metra or contractor shall furnish evidence that, with respect to the operations it
performs and the operations performed by sub-contractors, it carries regular Comprehensive General
Liability Insurance providing for a limit of not less than$2,500,000 single limit,bodily injury and/or
property damage combined, for damages arising out of bodily injuries to or death of any person or
destruction of property, including the loss of use thereof, in any one occurrence under the terms of
which Grantor, the RTA,the NIRCRC, Grantor/Metropolitan Rail and any other railroads operating
on Grantor property are named as an additional insured.
(b) Railroad's Protective Liability Insurance.
In addition to the above, Metra or contractor shall furnish evidence, with respect to
the operations it or any of its sub-contractors perform,that it has provided Railroad Protective Public
Liability Insurance (AAR-AASHTO form) in the name of Grantor, the RTA, the NIRCRC,
Grantor/Metropolitan Rail and any other railroads operating on Grantor property providing for a
limit of not less than $2,000,000 single limit, bodily injury and/or property damage combined, for
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ElsittPkgacEmt MArch 26,2003
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damages arising out of bodily injuries to or death of any person in any one occurrence and for
damage to or destruction of property, including the loss of use thereof, in any one occurrence. Such
insurance shall be furnished with an aggregate of not less than$6,000,000 for all damages as a result
of more than one occurrence.
(c) Workers' Compensation Insurance
Metra or contractor shall furnish evidence that, with respect to the operations it
performs, it carries a policy complying with the statutes of the State of Illinois covering all
employees of the Metra or contractor, as applicable. The policy shall contain employers liability
coverage with limits of not less than$100,000 each accident; $100,000 each employee disease; and
$500,000 policy limit-disease.
(d) Automobile Liability Insurance.
Metra or its contractor shall furnish evidence that, with respect to the operations it
performs, it carries a policy issued to and covering the liability of Metra or the contractor, as
applicable, arising out of the use of all owned, non-owned, hired, rented or leased vehicles which
bear or are required to bear license plates according to the laws of the State of Illinois and which are
not covered under the Comprehensive General Liability Insurance. Coverage under this policy shall
have limits of liability of not less than$2,500,000 per occurrence, combined single limit, for bodily
injury and property damage liability.
The insurance hereinabove specified shall be carried until all work required to be performed under
the terms of this Easement is satisfactorily completed and formally accepted. Failure to carry or
keep such insurance in force until all work is satisfactorily completed shall constitute a violation of
the Easement. Metra or contractor shall furnish to Grantor signed copies of the policy for
Comprehensive General Liability and the original of the AAR-AASHTO policy for Railroad's
Protective Public Liability Insurance. If any work is sub-contracted, Metra or contractor shall
furnish a signed copy of the policy for Comprehensive General Liability Insurance. During the Term,
Metra may make commercially reasonable increases in the amount of insurance required by Licensee
or its contractor(s) and/or sub-contractor(s) under the terms and provisions of this Agreement.
11. This Easement may be terminated by Grantor effective immediately upon notice to
Metra if the Premises, or any portion thereof, is needed for any City or municipal purposes as
determined by the City in its sole discretion or Metra ceases to operate or maintain the Parking
Facility or violates any of the terms, conditions or provisions set forth in this Easement, provided
parking is replaced in kind, within a reasonably acceptable walking distance, for which Metra will
not unreasonably withhold concurrence. This Agreement may be terminated by Metra for any reason
effective thirty (30) days after giving Grantor notice of Metra's intention to terminate. In case of
termination by either Grantor or Metra, Grantor may, at its sole option, remove from the Premises
the Parking Facility and restore said Premises to the same or to a better condition than that which
existed prior to the construction and installation of said Parking Facility and the total cost thereof
ElgirtPkgFacEmt MArch 26,2003 4
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shall be paid by Metra; or, if Grantor shall so elect, it may treat the said Parking Facility as
abandoned by Metra and may make such disposition thereof as it may see fit.
12. This Easement and all of the terms, conditions, rights and obligations herein
contained shall inure to and be binding upon the Parties, their respective legal representatives,
lessees,permitees, successors and/or assigns whether hereinabove so stated or not; but it is distinctly
agreed that Metra shall not assign its rights under this Easement without first having received the,
prior written consent of Grantor.
13. All payments required to be made by Metra to Grantor under the terms, conditions
or provisions of this Easement shall be made within thirty (30) days of Metras receipt of any
demand or invoice from Grantor evidencing the amount of the indebtedness due. Payments not
made within said thirty (30) day period shall accrue interest at a rate of one and one half percent (1
1/2%) per month or the highest amount permitted by Illinois law, whichever is less, from the date
payment is due until paid.
14. All notices, demands and elections required or permitted to be given or made by
either Party upon the other under the terms of this Easement or any statute shall be in writing. Such
communications shall be deemed to have been sufficiently served if sent by certified or registered
mail, return receipt requested, with proper postage prepaid, or hand delivered to the respective
addresses shown below or to such other party or address as either Party may from time to time
furnish to the other in writing. Such notices, demands, elections and other instruments shall be
considered delivered to recipient on the second business day after deposit in the U.S. Mail, or on the
day of delivery if hand delivered.
(a) Notices to Metra shall be sent to:
Commuter Rail Division
547 W. Jackson Boulevard
Chicago, Illinois 60661
Attn: Director, Real Estate & Contract Management
Phone: (312) 322-8010
(b) Notices to Grantor shall be sent to:
City Manager
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
Phone: 847-931-6100
15. This Agreement shall be governed by the internal laws of the State of Illinois. If any
provision of this Agreement, or any paragraph, sentence, clause, phrase or word or the application
ElginPkgFacEmt MArch 26,2003 5
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thereof is held invalid, the remainder of this Agreement shall be construed as if such invalid part
were never included and this Agreement shall be and remain valid and enforceable to the fullest
extent permitted by law provided that the Agreement, in its entirety as so reconstituted, does not
represent a material change to the rights or obligations of either of the Parties. No waiver of any
obligation or default of Metra shall be implied from omission by Grantor to take any action on
account of such obligation or default and no express waiver shall affect any obligation or default
other than the obligation or default specified in the express waiver and then only for the time and to
the extent therein stated. Whenever the context requires or permits, the singular shall include the
plural, the plural shall include the singular and the masculine, feminine and neuter shall be freely
interchangeable. In the event the time for performance hereunder falls on a Saturday, Sunday or
holiday, the actual time for performance shall be the next business day. This Easement constitutes
the entire agreement between the Parties with respect to the subject matter hereof.
16. This Agreement shall not be construed to create a joint venture, partnership,
employment or any other kind of agency relationship of any kind between the Parties except to the
specifically provided otherwise under the terms and provisions of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have duly executed this Easement Agreement as of
this /E day of AHG44s , 20Qe3
COMMUTER RAIL DIVISION OF THE THE CITY OF ELGIN:
REGIONAL TRANSPORTATION
AUTHORITY:
By:
Philip A J4T •, Executive Director
Its: pidur �.
ATTEST: ATTEST:
(MA-A )r (cf
EIginPkgFacEm1MAI ch 26,2003 6
4
<0 OF E4G,s,
City of Elgin Agenda item No.
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May 9, 2003 , ,:-.4.,e4,...:44,......,_, •
II ;14 te•, :IX 0
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TO: Mayor and Members of the City Council ALIVE DOWNTOWN
FROM: David M. Dorgan, City Manager Iltx4
Raymond H. Moller, Director of Economic Development &
Business Services
SUBJECT: Metra/National Street Parking Facility Easement
Agreement
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider a
Parking Facility Easement Agreement between the City of Elgin
rand Metra.
BACKGROUND
METRA will be constructing a $7 . 5 million station and parking
improvement project at their National Street station. Metra
desires to construct a commuter parking lot on a portion of the
City' s property located between Metra' s right of way and the Fox
River.
The Metra National Street project includes the following
improvements :
1 . Wider and improved vehicular access from National Street .
2 . New warming house with vendor space
3 . Two platform shelters
4 . 805 feet of boarding platform
5 . New bike walkway adjacent to the river
r
Metra/National St . Parking Facility Easement Agreement
May 9, 2003
Page 2
6 . Expanded parking
7 . Site grading for future riverfront park.
The agreement grants to Metra an easement over City-owned
property for use of a commute parking facility for commuter
railroad purposes and thereafter to maintenance, repair,
operate, and renew the parking lot during the existence of the
easement .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
( JNANCIAL IMPACT
All work shall be done at Metra' s sole cost and expense .
LEGAL IMPACT
TbANone.
ALTERNATIVES
1 . The Council may approve the agreement .
2 . The Council may reject the agreement .
RECOMMENDATION
It is recommended that the City Council approve the Parking
Facility Easement Agreement .
Respectfully submitted for Council consideration.
RHN/dr
Attachments
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