Loading...
HomeMy WebLinkAbout03-144 Resolution No. 03-144 RESOLUTION AUTHORIZING EXECUTION OF A WALKWAY EASEMENT AGREEMENT WITH THE COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY FOR A PEDESTRIAN AND BICYCLE WALKWAY 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 Walkway Easement Agreement from the Commuter Rail Division of the Regional Transportation Authority for a pedestrian and bicycle walkway 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 Walkway 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 • <0 OF E1/4„ Agenda Item No. City of Elgin 4 o7 L r May 9, 2003 ,44iNv. fiq- N TO: Mayor and Members of the City Council ALIVE DOWNTOWN FROM: David M. Dorgan, City Manager nktit. Ray H. Moller, Director of Economic Development & Business Services SUBJECT: Metra/National Street Walkway Easement Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a Walkway Easement Agreement between the City of Elgin and Metra. 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. The easement is required for the construction of a retaining wall and a pedestrian and bike walkway. 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 7 . Lighting upgrades 8 . Site grading for future riverfront park. . . ep.. Metra/National Street Walkway Easement Agreement May 9, 2003 Page 2 Under the terms of the agreement , Metra will grant to the City an easement over its property for use as a public pedestrian and bike walkway. Metra will construct the walkway as part of the National Street Station Improvement Project . The cost of the walkway is included as part of the City' s $960, 000 contribution to the rehabilitation of the National Street Metra station. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . 11 \FINANCIAL IMPACT The City' s portion of the National Street Metra Station Improvement Project totals $960, 000 and will be applied to the construction of the pedestrian/bike walkway improvement and the upgrade of the lighting for the station. Adequate funds are budgeted ($1 , 000 , 000) and available ($990 , 020) in the Riverboat rik Fund, account number 275-0000-791 . 92-35, project number 039548 , Metra Improvements EGAL IMPACT None. ALTERNATIVES 1 . The Council may choose to approve this agreement . 2 . The Council may choose to reject this agreement . RECOMMENDATION It is recommended that the City Council approve the Walkway Easement Agreement that includes the expenditure of $960, 000 for City funded improvements at the National Street Station. Respectfully submitted for Council consideration. RMH/dr Attachments WALKWAY EASEMENT AGREEMENT THIS AGREEMENT is entered into by and between the Commuter Rail Division of the Regional Transportation Authority, a division of an Illinois municipal corporation ("Metra"), and the City of Elgin, an Illinois municipal corporation("Grantee"). Metra and Grantee 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, Metra hereby grants to Grantee an easement ("Easement") on, over, across, and along that portion of Metra's right of way identified as part of PIN No.06-24-153-004 in the vicinity of National Street in Elgin,Illinois as delineated on the plans attached to and made a part of this Agreement as Exhibit "A" ("Premises"), for use as a public pedestrian and bike walk, including gutters, curbs, and fencing ("Walkway") and thereafter to maintain, repair, operate and renew the same during the continuance of this Easement in accordance with the terms and provisions of this Agreement. This Easement is granted upon the following express conditions, terms and covenants to be observed, kept and performed by Grantee: 1. Metra shall construct and install the Walkway in accordance with the plans and specifications attached to and made a part of this Agreement as Exhibit "A". The cost of the Walkway is included as part of Grantee's Nine Hundred Sixty Thousand Dollar ($960,000) contribution to the rehabilitation of the National Street Metra Station. Upon completion of the initial construction of the Walkway, Grantee shall at its own cost and expense thereafter maintain, repair, operate, and renew the Walkway during the continuance of this Easement. Metra shall provide for the construction and installation of the Walkway as part of and during the construction of the rehabilitation of the National Street Metra Station. 2. Grantee shall maintain the Walkway in such a manner so as not to interfere with the existing drainage of the Premises or any other Metra property ("Property") and shall clean and extend existing highway culverts as required by Metra or any other governmental entity having jurisdiction over the Premises or Property to insure proper drainage of the Premises and the Property. Grantee agrees to construct and at all times maintain the Walkway so as to protect any and all other improvements now or hereinafter located on the Premises or the Property. All of said work shall be done at Grantee'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 Metra. 3. Upon completion of any construction, replacement, repair or maintenance of the Walkway subsequent to its initial construction, Grantee, at its own cost and expense, shall remove any debris and restore, or cause to be restored to the reasonable satisfaction of Metra, 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 Grantee. In the event Grantee fails to cause the Property to be restored to the reasonable satisfaction of Metra as provided for herein,Metre shall have the right to restore the Property and Grantee shall reimburse Metra for all costs and expenses incurred by Metra in its performance of the obligations imposed upon Grantee hereunder. ElginWalkwayEmt.Agt.March 26,2003 1 4. Metra shall permit Grantee reasonable right of access to the Premises for the purpose of constructing,replacing,repairing,maintaining and operating said Walkway. Prior to undertaking any constructing, replacing, repairing, or maintaining of said Walkway or on any portion of the Premises, Grantee will arrange for a flagman to be provided by Metra, the cost of such services to be paid by Grantee. 5. Any rights to the Premises not specifically granted to Grantee herein are reserved to Metra and its successors and/or assigns. The Walkway shall be constructed, repaired, maintained, utilized and operated in a manner so as not to interfere with efficient rail operations or any other business operations or activities being conducted by Metra or Metra's tenants or permitees on the Premises and so as not to prevent or unreasonably interfere with use and enjoyment of the Premises by Metra, its employees, agents or permittees for the purpose(s) to which the Premises is now, or may hereafter be, committed by Metra. Nothing shall be done or caused to be done by Grantee that will in any manner impair the usefulness or safety of the tracks and other improvements of Metra, or such track or tracks and other improvements as Metra may in the future construct or cause to be constructed over, under, across, or parallel to said Walkway. This Easement is expressly subject to the rights of third parties to maintain utility and other improvements permitted by Metra on the Premises and the Property. Metra reserves the exclusive right to grant future easements over, under, across or parallel to the said Walkway. 6. Grantee shall not place, keep, store or otherwise permit to be placed, kept or stored on or near the Premises or the Property any equipment or materials except during such time as Grantee's employees,agents or contractors are physically present and conducting activities permitted under the terms of this Easement. Grantee agrees that it shall not operate or cause to be operated any motorized vehicle of any kind on the Premises, on or near any track or on or near the Property without prior authorization from Metra's authorized representative;provided, however, that Grantee shall not be prohibited from operating Grantee's vehicles and equipment on any vehicular public crossing of Metra's tracks and rights of way. 7. Grantee agrees that it will pay all costs of any and all work performed upon the right of way and tracks of Metra which shall be made necessary by the construction, maintenance, repair, replacement, renewal or presence thereon of said Walkway. Such costs will be payable to Metra within thirty (30) days of presentation of a bill by Metra. 8. Grantee shall give to Metra reasonable advance written notice of the time when Grantee will commence any construction, replacement, repair or maintenance of said Walkway in order that Metra may, if it so desires, have its representative(s) present for the purpose of directing said work so that the same may be done in a manner satisfactory to Metra. Ordinary cleaning of the Walkway shall not be considered maintenance for the purposes of this paragraph. 9. Grantee agrees that before and during the construction, replacement, repair, maintenance or operation of said Walkway, or at any other time, Metra shall have the right to provide such safe and temporary structures as it may deem necessary for safely caring for and preserving its tracks, buildings or other improvements and Grantee agrees to pay to Metra the entire ElginWalkwayEmt Agt March 26,2003 2 cost of putting in or removing such temporary structures and of restoring the Premises and Property as near as may be to the same condition that existed before the commencement of said work. 10. Grantee agrees that should the construction, maintenance, operation, repair or presence of the Walkway 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 Grantee within thirty(30)days of presentation of a bill by Metra. Grantee further agrees that if, at any time, Metra shall desire to change the location or grade of its track or tracks or shall desire to use or allow third party railroads to use its right of way at a point of crossing or at any point along a parallel course with the Walkway for any purpose whatsoever, including but not limited to track installations by Metra or third parties, Grantee, at its own cost and expense, shall alter, relocate or make all changes to the Walkway required by Metra. If Grantee shall fail, neglect or refuse to relocate or make such change(s)to the Walkway for a period of ninety (90) days after the receipt of written notice from Metra,then Metra may make or cause to be made such relocation or change(s) at the expense of Grantee. 11. Grantee shall at all times use and operate said Walkway in a secure, safe and sanitary condition and in accordance with all applicable laws, ordinances, rules and regulations. Grantee 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 Walkway. If the manner of constructing, repairing, maintaining, replacing or operating said Walkway shall at any time be in violation of any applicable law,rule,regulation or ordinance,then Grantee, at no cost or expense to Metra 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 Grantee 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 Grantee, in good faith and by pursuit of appropriate legal or equitable remedies, enjoins, defends against, appeals from or pursues other lawful measures to avoid the enforcement of said laws, ordinances, rules or regulations. 12. To the fullest extent permitted by law, Grantee hereby assumes and agrees to release, acquit and waive any rights against and forever discharge Metra, the Commuter Rail Board of the Regional Transportation Authority("RTA")and the Northeast Illinois Regional Commuter Railroad Corporation ("NIRCRC"), their respective directors, administrators, 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 Grantee, 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. 13. To the fullest extent permitted by law, Grantee agrees to indemnify, defend and hold harmless Metra,the RTA and the NIRCRC,their respective directors,administrators,officers,agents ElgthWalkwayEmt Agt March 26,2003 3 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 connection with Grantee'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 Metra,the RTA or the NIRCRC. Metra agrees to notify Grantee in writing within a reasonable time of any claim of which it becomes aware which may fall within this indemnity provision. Grantee further agrees to defend Metra, the RTA, the NIRCRC, their 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 Metra,the RTA and the NIRCRC, may elect to participate in the defense thereof at their own expense or may, at their own expense, employ attorneys of their own selection to appear and defend the same on behalf of Metra, the RTA, the NIRCRC, and their respective directors, administrators,officers, agents or employees. Grantee shall not enter into any compromise, or settlement of any such claims, suits, actions or proceedings without the consent of Metra, the RTA and the NIRCRC, 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 Metra, the RTA or the NIRCRC with respect to any construction work performed by Grantee or those performing on behalf of or with the authority of Grantee in violation of the Illinois Construction Contract Indemnification for Negligence Act. 14. Prior to commencement of any work to be performed on or about the Premises under the terms of this Easement, Grantee 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 Grantee or its contractors and/or sub- contractor(s): (a) Comprehensive General Liability Insurance (ISO Form). Grantee 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 teinis of which Metra,the RTA, the NIRCRC, METRA/Metropolitan Rail and any other railroads operating on Metra property are named as an additional insured. (b) Railroad's Protective Liability Insurance. ElginWalkwayEmt.Agt:March 26,2003 4 In addition to the above, Grantee 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 Metra, the RTA, the NIRCRC,METRA/Metropolitan Rail and any other railroads operating on Metra property 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 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 Grantee 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 Grantee 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. Grantee 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 Grantee 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. Grantee or contractor shall furnish to Metra 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, Grantee 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. 15. This Easement may be terminated by Metra effective immediately upon notice to Grantee if the Premises, or any portion thereof, is needed for any Metra or railroad purposes as determined by Metra in its sole discretion or Grantee ceases to operate or maintain the Walkway or violates any of the terms, conditions or provisions set forth in this Easement. This Agreement may be terminated by Grantee for any reason effective thirty (30) days after giving Metra notice of Grantee's intention to terminate. In case of termination by either Metra or Grantee, Metra may, at its sole option,remove from the Premises the Metra and Walkway and restore said Premises to the ElginWallcwayEmi Agt March 26,2003 5 same or to a better condition than that which existed prior to the construction and installation of said Metra and Walkway and the total cost thereof shall be paid by Grantee; or, if Metra shall so elect, it may treat the said Walkway as abandoned by Grantee and may make such disposition thereof as it may see fit. 16. 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 Grantee shall not assign its rights under this Easement without first having received the prior written consent of Metra. 17. All payments required to be made by Grantee to Metra under the terms, conditions or provisions of this Easement shall be made within thirty (30) days of Grantee's receipt of any demand or invoice from Metra 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. 18. 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 Grantee shall be sent to: City Manager City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 Phone: 847-931-6100 ElginWallcwayEmt Agt March 26,2003 6 19. 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 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 Grantee shall be implied from omission by Metra 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 20. 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 /IT day of A44,44 57- , 2003. COMMUTER RAIL DIVISION OF THE THE CITY OF ELGIN: REGIONAL TRANSPORTATION AUTHO ,' Y. By: Philip ;:„<go'` -' :-011!r7EXecutive Director Its:ST: ATTEST: Afl)th ElginWalltwayEmt Agt March 26,2003 7 547 W. Jackson Blvd. Chicago, Illinois 60661 Telephone:312-322-6900 TTY# 1-312-322-6774 September 8, 2003 Raymond H. Moller, Director Economic Development and Business Services City of Elgin 105 Dexter Court Elgin, Illinois 60120-5555 Re: Agreement between Metra, and the City of Elgin regarding improvements at the National Street Metra Station Dear Mr. Moller: Attached for your files are fully executed original counterparts of the Walkway Easement Agreement, Parking Facility Easement Agreement, and Right of Entry Agreement which pertain to the National Street redevelopment project. If you have any questions, please feel free to call me at 312/322-8005. Since ly, James T. Peffer Director Office of Real Estate and Contract Management attachment JTP/MEJ/easement/elgin Metra is the registered service mark for the Northeast Illinois Regional Commuter Railroad Corporation.