HomeMy WebLinkAbout03-143 Resolution No. 03-143
RESOLUTION
AUTHORIZING EXECUTION OF A RIGHT OF ENTRY 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 Right of Entry
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 Right of Entry 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
RIGHT OF ENTRY AGREEMENT
THIS AGREEMENT, made this Iv-r day of Auci4t7- , 2003, by and between
the City of Elgin, an Illinois municipal corporation ("Municipality") and Commuter Rail Division
of the Regional Transportation Authority, a division of an Illinois municipal corporation
("Metra"). Municipality and Metra are hereinafter sometimes individually referred to as a
"Party" and jointly referred to as the "Parties".
PRELIMINARY STA'l'EMENT
Metra desires to enter upon that portion of the Municipality's property located between
Metra's right-of-way and the Fox River identified as Permanent Index No. 06-24-153-004
delineated on Exhibit "A" attached to and made a part of this Agreement ("Premises") for the
purpose of mass site grading and construction of retention ponds as a part of the National Street
Parking Improvement Project in Elgin, Illinois in accordance with the plans and specifications
attached hereto and made a part of this Agreement as Exhibit "B" ("Permitted Activities"). It
is the understanding of the Parties, that upon completion of the Permitted Activities, it shall be
the responsibility of the Municipality to maintain the retention ponds.
NOW, THEREFORE, for and in consideration of the above stated recital which is hereby
incorporated into this Agreement and the mutual promises and agreements set forth below, the
sufficiency of which are hereby acknowledged by the Parties, the Municipality and Metra agree
as follows:
1. TERM. The Municipality hereby agrees to permit Metra to enter upon the Premises
for a period of sixteen (16) months, commencing on the effective date of this Agreement, to
conduct the Permitted Activities and for no other purpose whatsoever subject to the terms and
conditions set forth in this Agreement. The term of this Agreement may be extended by mutual
agreement of the Parties as evidenced in writing.
2. WORK. The Permitted Activities shall be performed at Metra's sole cost and expense
and shall at all times be conducted in a good workmanlike, safe and sanitary manner and in
accordance with all applicable federal, state and local laws, ordinances and regulations. Metra
shall take all reasonable safety precautions (such as covering of borings, installation of barricades
and warning signs) to adequately secure the site. Metra may park construction equipment and
vehicles and store material on the Premises including during periods of time work is not actually
being performed.
3. INDEMNIFICATION. Metra shall indemnify, defend, and hold harmless the
Municipality, its directors, administrators,officers,employees, agents, successors, and assigns from
and against any and all claims,demands, actions, costs, and expenses,(including without limitation,
reasonable attorneys fees and court costs) for bodily injury or death and damage to property arising
out of the acts, omissions, or negligence of Metra, its contractors, officers, agents, employees, or
Fl GNDEN2 ROE/January 21,2003 1
permittees while conducting the Permitted Activities on the Premises, except to the extent caused
by the actions, omissions, or negligence of the Municipality or any person or persons acting on
behalf of or with the authority or permission of the Municipality. The Municipality agrees to notify
Metra in writing within a reasonable time (but in no event later than thirty (30) days) of any claim
of which it becomes aware which may fall within this indemnity provision.
4. INSURANCE. Metra will cause appropriate clauses to be inserted in all contracts for
maintenance, construction, rehabilitation, improvement, or repair of the Improvements requiring
contractors to procure and maintain comprehensive policies of insurance, insuring contractor, Metra,,
and Municipality from and against any and all risks, liabilities, claims, demands, losses, and
judgments arising from, growing out of or in any way related to the work performed or to be
performed by such contractor, whether or not any such liability, claim, demand, loss, or judgments
is due to or arises from the acts of negligence of contractor, Metra, or Municipality or their
respective officers, agents, employees, or subcontractors.
5. NOTICE. All notices, demands, elections, and other instruments required or permitted
to be given or made by either Party upon the other under the terms of this Agreement or any
statute shall be in writing. Such communications shall be deemed to have been sufficiently served
if sent by commercial courier, certified or registered mail, return receipt requested, with propet
postage prepaid or sent by facsimile transmission by the Municipality or Metra at 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 as delivered to recipient on the day of delivery if sent by commercial courier, on the
second business day after deposit in the U.S. Mail if sent by certified or registered mail or on the
first business day after successful transmission if sent by facsimile transmission.
(a) Notices to Metra shall be sent to:
Metra
Director, Real Estate & Contract Management
547 W. Jackson Boulevard
Chicago, Illinois 60661
Phone: (312) 322-8005
Fax: (312) 322-7098
(b) Notices to the Municipality shall be sent to:
Village Manager
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-555
Phone: (847) 931-6100
Fax: (847) 931-5610
ELGNDEN2.R0E/January 21,2003 2
•
6. MISCELLANEOUS. Section captions used in this Agreement are for convenience
only and shall not affect the construction of this Agreement. 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. This Agreement and the rights
and obligations accruing hereunder are binding upon the Municipality and the successors and
assigns of the Municipality. This Agreement shall be governed by the internal laws of the State
of Illinois. This Agreement, together with the Exhibits attached hereto, constitutes the entire
Agreement between the Parties with respect to the subject matter hereof. If any provision of this,
Agreement, or any paragraph, sentence, clause, phrase or word or the application 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 such exclusion does not unfairly prejudice the rights of either Party
to this Agreement. In the event of any conflict or inconsistency between the terms set forth in the
body of this Agreement and the terms set forth in any Exhibit hereto, the terms set forth in such
Exhibit shall govern and control.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly
executed by their duly authorized officers on the day and year first written above.
CITY OF ELGIN: THE COMMUTER RAIL DIVISION OF
THE REGIONAL TRANSPORTATION
AUTHORITY:
By: �y^ By:__
Its: M, Its
ATTEST: ATTES
/
BY: N'4-K-.^{7ter ,. B : 4
Its: ll Its: ASSISTANT 5_CRE1-APV
ELGNDEN2.ROE/January 21,2003 3
<0 OF Et c,
1-4
City of Elgin Agenda Item No.
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May 9, 2003 -
I i?At ' 11 It'io
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TO: Mayor and Members of the City Council AL IV E DOWNTOWN
FROM: David M. Dorgan, City Manager Wx1f.
Raymond H. Moller, Director of Economic Development
and Business Services
SUBJECT: Metra/National Street Right of Entry Agreement
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to approve a right
of entry agreement between Metra and the City of Elgin.
ew BACKGROUND
METRA will be constructing a $7 . 5 million station and parking
improvement project at their National Street station. Metra
desires to enter upon a portion of the City' s property located
between Metra' s right of way and the Fox River. Access is
required for the purpose of mass site grading, the construction
of retention ponds, and the construction of a parking facility.
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
6 . Expanded parking
Metra/National Street Right of Entry Agreement
May 9, 2003
Page 2
7 . Lighting upgrades
8 . Site grading for future riverfront park.
The agreement will allow Metra to enter City-owned property for
a period of sixteen (16) months to construct the above reference
capital improvements .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
The permitted activities shall be performed at Metra' s sole cost
and expense .
VW/L/EGAL IMPACT
None .
ALTERNATIVES
1 , The Council may choose to approve the agreement .
2 . The Council may choose to reject the agreement .
RECOMMENDATION
It is recommended that the City Council authorize the right of,
Entry Agreement .
Respectfully submitted for Council consideration.
RHM/dr
Attachments
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February 6.
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Elgin, Illinois