Loading...
HomeMy WebLinkAbout91-0828 North Western Transportation 91-08AgS RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH THE CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY FOR THE CONSTRUCTION, MAINTENANCE AND USE OF A WATER MAIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a license agreement on behalf of the City of Elgin with the Chicago and North Western Transportation Company for the construction, maintenance and use of a water main upon the property and under the track of the Chicago and North Western Transportation Company, a copy of which is attached hereto and made a part hereof by reference. George VanDeVoorde, Mayor Presenter'.: August 28, 1991 Adopted: Vote: Yeas Nays Recorded: Attest: Dolonna Mecum, City Clerk )14/1/4A,44-444-eic4).: 7f---e/---( PC"tPtildj Form 2036 - Page 1 Revised 1981 CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY (hereinafter called "Company" ) hereby li- censes the CITY OF ELGIN, ILLINOIS (hereinafter called "Licensee") to construct, maintain and use a 16" water main (hereinafter called "facility" ) upon the property and under the track of the Company at West Elgin, Illinois (3.5 miles east) in the location and position, and in accordance with the specifications shown on map dated February 27, 1991 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 in advance, a one-time lump sum fee of One Thousand Three Hundred Fifty Dollars ($1,350.00) . The Licensee shall require its contractor to furnish the Company a certificate of"insur- nce, with the Company named as additional insured, showing amounts and type . of insurance parried by the contractor which shall provide public liability insurance for bodily inju-y and property damage on behalf of the Company in an amount of not less than $2,000,000 combined single limits per occurrence. The certificate shall contain a commitment by the insurance company that it will give the Company thirty days advance notice of any cancellation of or change in the insurance coverage shown on such certificate. Such insurance is to be approved by the Company before the Licensee permits the contractor to proceed with the construction of said facility. 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 thF, 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 other charges which may become due or which may be assessed against the premises of the Company because of the construction, existence, operation or use of said facility, the Licensee, or the business conducted in connection with said facility, and shall reimburse the Company for any such taxes, license fees or other charge which may be paid by the Conpany promptly upon the presentation by the Company of bills therefor. FOURTH. The said Licensee will give to the Chief Engineer of the Company at least ten days' notice in writing before entering upon the right of way of the Company for construction purposes, or for the purpose of making necessary repairs. The Company reserves the right to judge of the necessity of repairs to said facility, and to require the Licensee to make such repairs upon ten days' notice in writing. In such case, said Licensee may enter upon said right of way without the ten days' notice above referred to, and shall proceed forthwith to make such repairs, and upon failure to do so within ten days, the Company shall have the right to make said repairs and collect the entire cost thereof from the Licensee. The Company reserves the right, in case in its opinion the safety of its tracks or property demands it, to make emergency repairs without notice to the Licensee and to collect the cost thereof from Licensee as herein provided. FIFTH. Licensee agrees that in the construction, maintenance, and use of the faci14+-, it will comply with all applicable laws, including, but not limited to, anylaws, regulations, or permit requirements relating to environmentaln stand pollution or contamination occupational Ur LO p tional health and safety; and Licensee agrees to indemnifyand hold old harmless the Company from any and all claims, demands, lawsuit, or liability for loss, fines, damage, injury, and death and all expenses and costs, including attorneys' fees, resulting from or arising out of the construction, maintenance, or use of the facility, including any discharge or emission therefrom or for the violation of any law, standard, regulation, or permit requirement relating 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 may increase the dangers and hazards of the operation of the railroad of the Company, and that this license is subject to all risks thereof. Therefore, and as a mate rial consideration Company forto the mp Yentering into this license and without which the Company will not enter same,Licensee agrees to assume and pay for all loss or damage to property whatsoever, and injury to or death of any person, or persons whomsoever, including all costs and thereto, however arisingfrom expenses incident or in connection with existence, construction, maintenance, repair, renewal, reconstruction, operation, use or removal of said facility, or any defect therein or failure thereof, or the failure of the Licensee or members, officers, agents or employees of the Licensee to abide by or comply with any of the terms or conditions of this license; and the Licensee forever indemnifies the Company against and agrees to save it 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 may have caused or contributed thereto. Notice to or knowledge by the Company of any act or omission by the Licensee which is or might be a breach by the Licensee of any of the terms or conditions of this Agreement to be performed by the Licensee, and the acquiescense by Vie Company in or to such act or omission, shall neither be considered to relieve the Licensee of any obligation assumed by it under phis paragraph nor be considered to be a waiver or rele 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, property and right of way, for such purpose, in such manner and at such time as it shall desire, the same as if this instrument had not been executed by it. If any such use shall necessitate any change, repair, renewal, removal or relocation of said facility, or any part thereof, the Licensee shall perform such work at such time as the Company may approve and if the Licensee fails to do so such work may be performed by the Conpany at the expense of the Licensee and the said Company shall not be liable to the Licensee on account of any damaoc+ -1,�►;��,t1tP vF AF% al_ P. - orm 2036 - Page 3A _ evised 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 in 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 and privileges above specified, the Licensee, by the acceptance of this license, hereby agrees that it will not levy or assess any special tax or special assessment against Company or against or --on Company's properties for the construction or use of the improvement of which said facility a part; and, the Licensee hereby forever indemnifies Company against and agrees to save Lompany 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 liens 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 Recorder 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 apart. � .I 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 and Materials Pursuant to authority granted by resolution of the of the CITY OF WEST ELGIN, ILLINOIS, adopted The undersigned, the Licensee mentioned in the foregoing license, hereby accepts the same subject to the terms and conditions therein stated. ATTEST: CITY OF WEST ELGIN, ILLINOIS By (Seal ) City Clerk City Mayor >s .c a n= _ o 01 J 0< �� COZ w°,„ inD o% !":1C II M O Z 5 . COW ewS a 0 i Cr)- II= N r A tP'Q Tv � • r to CD co O P i a' MILWAUKEE • \ -1-+ 6' / �• cl � � ; 50• `10 _��,� - __-- Irju _ � Tff,WES ELGNr W / N ��'185 "I N ^J ,� ©cji N tNn N O Pas}Ure Pasture c + Pasture -�' 1 N ,- c N so N Lilco \rl‘' SW 1/4 SW 1/4 SEC. 4 T.41N R.8-$" !T N. `� > t , _� c r Qp co at ' W 4, WA � a °n w�C c 99k Q� - n �'W `r N. i c a. 8 9 • s N �� Lc a ' cr \ • r~ J --- � / A J�/ yr) _i- ;i: —.- _-- -- APPROVED - ---=------- - 16" I.D. DIP WATER MAIN, CLASS 52, PUSH ON JOINTS, 150 P.S.I.. . l/ //t ENCASED WITH 30" I.D. STEEL PIPE, 0.469" W.T., COATED, - , BRIDGE ENG air . WELDED JOINTS, MIN. YIELD STRENGTH OF 35,000 P.S.I.. • INSTALLED BY JACKING & BORING MIN. 5'-6" BELOW BASE OF EXHIBIT - CHICAGO & NORTH WESTERN RAIL TO TOP OF CASING. • =-. TRANSPORATION COMPANY NOTE, NO EQUIPMENT OR WORK ;LOCATION WEST ELGIN, IL. (3.5 MI. E.) ALLOWED CLOSER THAN 25' NOfiEI CASINO PIPE MUST EXTEND!3' TO ACCOMPANY LIC IN TO PROM CIL OF NEAREST TRACK FROM Ca. OF OUTSIDE TRACK CITY OF ELGI (MEASURED AT RIGHT ANGLES) WHEN DIGGING, BORING. ETC. MEASURED AT RIGHT ANGLES. FOR 12" WATER MAIN • .APPROVE APPROVED SCALE:, 1"=400' PATE: 2/27191