Loading...
HomeMy WebLinkAbout83-0110 Railroad W3-nW0 RESOLUTION AUTHORIZING ACCEPTANCE OF A LICENSE AGREEMENT FROM THE CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard L. Verbic, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute a license agreement from the Chicago and Northwestern Transportation Company for a license to install a 24 inch watermain under certain railroad tracks located near the Slade Avenue Water Treatment Plant, a copy of which is attached hereto and made a part hereof by reference. Richard L. Verbic, Mayor Presented: January 10, 1983 Adopted: Vote: Yeas Nays Recorded: Attest: Marie Yearman, City Clerk ic /ftY) • Form 2036 - Page 1 Revised 1981 CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY (hereinafter called "Company ) hereby licenses the CITY OF ELGIN, ILLINOIS (hereinafter called "Licensee") to construct, maintain and use, a water main (hereinafter called "facility") upon the property and under the track of the Company at East Elgin, Illinois in the location and position, and in accordance with the specifications shown on map dated October 12, 1982 hereto attached marked Exhibit "A" and, by this reference, made a part hereof. The foregoing license given upon such express terms and conditions as are inserted below, as well as those contained upon the subsequent printed pages, and should the Licensee at any time violate any of said terms or conditions, or use or attempt to use said facility for any other or different purpose than that above specified, then the Company may, at its option, immediately revoke this license. The foregoing license is subject to the following conditions: For the privileges herein permitted the Licensee shall pay to the Company, Imareivammea - ""- •-' "' ----'_' _- -'-- --------.- -' a sum of six hundred dollars (i600.00) which amount represents a one-time payment only with no more payments to follow. FIRST. The work of construction and maintenance shall be done and completed in good and workmanlike manner at the sole expense of the said Licensee. Said work shall be done in such manner as in no way to interfere with or endanger the use of the property or tracks of the Company , or the operation thereon of any engines, cars or trains. The Chief Engineer of the Company shall have the right to inspect such work from time to time and to require such changes to be made as will in his opinion decrease the hazards incident to said facility; but any such inspection or required changes or any failure to so inspect, or to require changes to be made, shall not effect any of the obligations assumed by the said Licensee hereunder. SECOND. The said Licensee shall bear the cost of all protection which the company may require for its tracks or property during construction and maintenance hereby authorized and of all repairs, changes, additions or betterments to said Company 's track or property made necessary on account of same. If in the judgement of the Company it shall be necessary to provide support for its tracks during the work of construction or maintenance the Company will provide such support, and the entire cost thereof will be paid by the said Licensee promptly upon receipt of bill therefor. Form 2036 - Page 2 Revised 1981 THIRD. The Licensee shall pay all taxes, general and special , license fees or oth€ charges which may become due or which may be assessed against the premises of the Compar because of the construction, existence, operation or use of said facility, the Licensee, or th business conducted in connection with said facility, and shall reimburse the Company for ar such taxes, license fees or other charge which may be paid by the Company promptly upon th presentation by the Company of bills therefor. FOURTH. The said Licensee will give to the Chief Engineer of the Company at least tf days' notice in writing before entering upon the right of way of the Company for constructic purposes, or for the purpose of making necessary repairs. The Company reserves the right t judge of the necessity of repairs to said facility, and to require the Licensee to make suc repairs upon ten days' notice in writing. In such case, said Licensee may enter upon sai right of way without the ten days' notice above referred to, and shall proceed forthwith t make such repairs, and upon failure to do so within ten days, the Company shall have the rig to make said repairs and collect the entire cost thereof from the Licensee. The Compar reserves the right, in case in its opinion the safety of its tracks or property demands it, t make emergency repairs without notice to the Licensee and to collect the cost thereof fr.( Licensee as herein provided. FIFTH. Licensee agrees that in the construction, maintenance, and use of the facility it will comply with all applicable laws, including, but not limited to, any laws, standards regulations, or permit requirements relating to environmental pollution or contamination or t occupational health and safety; and Licensee agrees to indemnify and hold harmless the Compar from any and all claims, demands, lawsuit, or liability for loss, fines, damage, injury, ar death and all expenses and costs, including attorneys' fees, resulting from or arising out c the construction, maintenance, or use of the facility, including any discharge or emissic therefrom or for the violation of any law, standard, regulation, or permit requirement relatir to environmental pollution or contamination, or to occupational health and safety SIXTH. It is understood by the Licensee that said facility is subject to and rriz increase the dangers and hazards of the operation of the railroad of the Company, and that thi license is subject to all risks thereof. Therefore, and as a material consideration to tt Company for entering into this license and without which the Company will not enter same, tf Licensee agrees to assume and pay for all loss or damage to property whatsoever, and injury t or death of any person, or persons whomsoever, including all costs and expenses incider thereto, however arising from or in connection with existence, construction, maintenance repair, renewal , reconstruction, operation, use or removal of said facility, or any defec therein or failure thereof, or the failure of the Licensee or members, officers, agents c employees of the Licensee to abide by or comply with any of the terms or conditions of thi license; and the Licensee forever indemnifies the Company against and agrees to save i harmless from any and all claims, demands, lawsuits or liability for any such loss, damagE injury and death, costs and expense, even though the operation of the Company's railroad m2 have caused or contributed thereto. Notice to or knowledge by the Company of any act c omission by the Licensee which is or might be a breach by the Licensee of any of the terms c conditions of this Agreement to be performed by the Licensee, and the acquiescense by tt Company in or to such act or omission, shall neither be considered to relieve the Licensee c any obligation assumed by it under this paragraph nor be considered to be a waiver or relea! by the Company of any rights granted to it under this paragraph. SEVENTH. The Company reserves the right to use, occupy and enjoy its tracks, propert and right of way, for such purpose, in such manner, and at such time as it shall desire, tF same as if this instrument had not been executed by it. If any such use shall necessitate ar change, repair, renewal , removal or relocation of said facility, or any part thereof, tt Licensee shall perform such work at such time as the Company may approve and if the License fails to do so such work may be performed by the Company at the expense of the Licensee and tF said Company shall not be liable to the Licensee on account of any damage growing out of ar use which the Company may make of its tracks, property and right of way In case any of the terms or provisions of this license have been performed or carried ot, prior to the actual date of execution hereof, it is understood and agreed that this licens shall nevertheless be of the same force and effect as though same had been executed by th parties prior to such performance. Form 2036 - Page 3A Revised 1981 EIGHTH. The Company shall have the right at any time to revoke this license by giving thirty days' notice in writing to the Licensee and at the expiration of the time limited by said notice, or upon any other revocation of this license, the Licensee shall promptly, and it the manner directed by said Chief Engineer, remove all construction hereby authorized from the premises of the Company and leave said premises in the same condition in which they were before the installation of the same. Upon default of the Licensee so to do, the Company may remove the same and restore its premises, and the Licensee will promptly pay to the Company the cost of so doing. NINTH. The waiver of a breach of any of the terms or conditions hereof shall be limited to the act or acts constituting such breach, and shall never be construed as being a continuing or permanent waiver of any such terms or conditions, all of which shall be and remain in full force and effect as to future acts or happenings, notwithstanding any such waiver. TENTH. This license is personal to said Licensee and is not assignable or transferable, without the written consent of the Company being first obtained. ELEVENTH. In further consideration of the Company's giving to the Licensee the rights an( privileges above specified, the Licensee, by the acceptance of this license, hereby agrees tha- it will not levy or assess any special tax or special assessment against Company or against or upon Company's properties for the construction or use of the improvement of which said facilit; is a part; and, the Licensee hereby forever indemnifies Company against and agrees to save Company harmless from any and all claims, demands, lawsuits or liability whatsoever for any such special tax or special assessment. If notwithstanding the foregoing provisions any such special tax or special assessment shall be levied or assessed upon or against said Company's properties, the Company shall have the following elections to wit: (a) Company may make such payments as may be necessary to satisfy and discharge any lien for such special tax or special assessment and in case of such payment the Licensee agrees to make repayment on demand with interest at the rate of five per cent (5%) per annum from the date of such payment so made by Company. (b) Company may file this license agreement for recording in the office of the Recorder of Deeds of the county in which said properties are located and such filing shall constitute a complete discharge and release of any lien against said Company's properties for such special tax or special assessment. (c) Company may terminate this license by filing notice of termination with such Recorde of Deeds for recording and forwarding a copy thereof through certified or registered mail , postage prepaid to Licensee whereupon all rights, privileges and interests herein granted to Licensee shall immediately cease and determine with the right of Company to make immediate re-entry and without any further obligations or any liability on the part of Company in respect to any payments, setoffs, counterclaims, recoupment, crossbills or cross demands. All rights, remedies and elections of Company shall be cumulative. TWELFTH. Licensee further agrees that there is no benefit to the Company's properties, either for railroad use or for any possible use in the future from the construction of the facility or project of which said facility is a part. Form 2036 - Page 4A Revised 1981 In Witness Whereof this instrument is executed this day of ,19 ATTEST: CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY By Assistant Secretary Vice President - Engineering Pursuant to authority granted by resolution of the of the CITY OF ELGIN, ILLINOIS, adopted The undersigned, the Licensee mentioned in the foregoing license, hereby accepts the same subject to the terms and conditions therein stated. CITY OF ELGIN, ILLINOIS Attest: By (Seal ) Mayor City Clerk