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Home My WebLink About86-0303 Big timber Commuter Station r AGREEMENT FOR THE MAINTENANCE, REPAIR, REPLACEMENT AND SECURITY OF THE ALMORA/BIG TIMBER COMMUTER STATION This Agreement is entered into this Jay of March , 1986 by and between the Commuter Rail Division of the Regional Transportation Authority, Northeast Illinois Regional Commuter Railroad Corporation ( "Metra" ) , an Illinois municipal corporation , Northwest Suburban Mass Transit District , an Illinois Mass Transit District ( the "District" ) , and the City of Elgin , an Illinois Municipal Corporation ( the "City" ) . WITNESSETH: WHEREAS, pursuant to an Agreement dated September 16 , 1982 entitled "Lease of Stations and Station Grounds" , Richard B . Ogilvie , Trustee of the Property of the Chicago , Milwaukee, St . Paul and Pacific Railroad Company, Debtor , leased to the Regional Transportation Authority ( the "Authority" ) , in addition to other property, certain real estate situated in the City of Elgin , Kane County, State of Illinois and legally described on Exhibit A attached hereto and made a part hereof ( the "Premises" ) ; and WHEREAS, pursuant to an Agreement dated July 9, 1985 entitled "Sub- lease for Location of Fixed Facilities for Public Transportation at Almora Station" ( the "Sub- lease" ) , the Authority, by and through Metra, subleased to the District the Premises ; and WHEREAS, pursuant to the terms of the Sub- lease , the District has caused to be substantially completed on the Premises a commuter station comprised of a concrete platform ( the "Platform" ) , attached masonry shelter ( the "Shelter" ) and related other improvements ( all of the foregoing improvements are hereinafter collectively referred to as either the " Improvements " or the "Almora/Big Timber Commuter Station" ) ; and WHEREAS, the Almora/Big Timber Commuter Station commenced operation on March 3 , 1986 ; and WHEREAS, Metra, the City and the District each desire to set forth in writing their respective obligations for the maintenance, repair , replacement and security of the Improvements ; NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars ($10 .00 ) in hand paid , one to the other , the mutual covenants herein contained and other good and valuable consideration , the receipt and sufficiency of which are hereby acknowledged , the parties hereto agree as follows : 1 . Metra, at its sole cost and expense , shall be responsible for all ordinary maintenance and all ordinary and extraordinary repair and replacement work to and of the -2- I ' Platform . Metra shall perform or cause to be performed such work so as to ensure that the Platform is continuously kept in a good state of repair throughout the term of this Agreement . 2 . The City shall pay for and shall perform or cause to be performed all ordinary maintenance and repair work to the exterior and the interior of the Shelter . For purposes of this Agreement , the term "ordinary maintenance and repair work " shall mean such work as is necessary to keep the Shelter continuously, throughout the term of this Agreement , in a good state of repair and shall include, without limitation , such work as is necessary to repair damage which is done to the Shelter by acts of vandalism. The City shall also provide police and fire protection of and for the Improvements as part of its regular system of police patrols and fire protection service . Further , the City hereby agrees to pay for all electric service and other utility services as are necessary to operate the Improvements and shall cause the bills for such utility services to be issued in its name . 3 . The District shall perform or cause to be performed all extraordinary repair and replacement work to and of the Shelter . The payment for said work , however , shall be solely the responsibility of Metra pursuant to the insurance provisions of the Sub- lease . -3- 4 . No party hereto shall suffer or permit to be filed against any portion of the Premsies any mechanic ' s lien or other lien . If , because of any act or omission on the part of any party hereto , a mechanic ' s lien or other lien shall be recorded against any portion of the premises , such party, at its sole cost and expense, shall cause the same to be discharged of record within thirty ( 30 ) days of receipt by it of a written notice from one or both of the other parties hereto of the recording of such lien or liens . The party permitting such lien to attach to the Premises shall indemnify and save harmless the other parties hereto from and against all costs , liabilities , suits , penalties , claims and demands, including attorneys ' fees and court costs , resulting therefrom . 5 . All notices required to be given hereunder by one party to the other shall be in writing and shall be personally delivered or sent, postage prepaid , United States Registered or Certified Mail , Return Receipt Requested , and addressed , unless otherwise notified in writing in accordance with the terms hereof, as follows : If to Metra: Metra 547 West Jackson Boulevard Chicago , Illinois 60606 Attn : Office of Contract Management -4- ' T If to the District : Northwest Suburban Mass Transit District P . 0 . Box 8150 Bartlett , Illinois 60103 Attn : Executive Director with a copy to : Eugene Jacobs , Esq . Seyfarth , Shaw, Fairweather & Geraldson Suite 4200 55 East Monroe Street Chicago , Illinois 60603 If to the City: City of Elgin 150 Dexter Court Elgin , Illinois 60120-5555 Attn : City Manager The mailing of a notice by postage prepaid , registered or certified mail , return receipt requested , shall be deemed sufficient service thereof as of the second business day following such mailing . Service other than by mail as aforesaid shall be effective upon delivery on business days to the address as shown above . 6 . The covenants , agreements and obligations herein contained , shall extend to , inure to the benefit of and bind the parties hereto and their respective successors and assigns . 7 . This Agreement shall have a term which is commensurate with the term of the Sub-lease , as set forth in the sixth grammatical paragraph thereof . -5- IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be duly executed and delivered as of the day and year first above written . NORTHWEST SUBURBAN MASS ATTEST : TRANSIT DISTRICT i ()WI BY /72-4.--/ /6 . Its ecretary Its Chairman COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY , NORTHEAST ILLINOIS REGIONAL ATTEST : COMMUTER RAILROAD CORPORATION 64P44'/ BY �- Its . ecretar � ��" y It xecutive Director ATTEST: CITY OF ELGIN r • Its City C rk s City onager By 1\-\fl.1'c•c_,_A, J Deputy Clerk AlmoraAgree/4-2-86/NFJ : il /SD#28 • -6- Metropolitan Rail 547 W. Jackson Blvd. Chicago, Illinois 60606 Telephone: 312 836-6900 Ns U� June 3 , 1986 h�� 0,4 44. ��a GP 0e" P V Mr . Erwin W . Jentsch Corporation Counsel City of Elgin 150 Dexter Court Elgin , Illinois 60120-5555 RE : Agreement for Maintenance, Repair, Replacement and Security at the Almora/Big Timber Commuter Station Dear Mr . Jentsch : Enclosed is one fully executed original copy of the above referenced agreement for your records . If my office can be of any further assistance please contact me . Sincerely, /-- Ct/ &U.4.64.„0-(A_L__. James W. Burcham Director Office of Contract Management JWB/JTP : il