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HomeMy WebLinkAbout94-183 • yr \ �� Resolution No. 94-183 RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT FOR AN ELECTRIC LINE WITH THE CHICAGO AND NORTH WESTERN RAILWAY COMPANY (East Side of the Fox River) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, 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 Railway Company to construct, install, maintain and use an electric line at National Street, a copy of which is attached hereto and made a part hereof by reference. George VanDeVoorde, Mayor Presented: July 13, 1994 Adopted: Vote: Yeas Nays Recorded: Attest: Dolonna Mecum, City Clerk Fort 29 0-Pave 1 (Revtd.1993) ` C �� rt r CHICAGO AND NORTH WESTERN RAILWAY COMPANY (hereinafter called "Company"), hereby licenses tha CITY OF ELGIN (hereinafter called "Licensee"), subject to the terms and conditions hereinafter set forth, to c ict, install, maintain and use an electric line (hereinafter called "facility"), upon and across the right of wav and property and under the track of the Company at National Street in East Elgin, Illinois pursuant to request of the Licensee and in accordance with the plan and in the location shown in yellow on map dated June 2, 1994 attached hereto, made a part hereof and marked Exhibit "A", for the sole purpose of conveying electric current at nominal potentials not to exceed 240 volts for power and lighting. The Company may, at its option and without liability to the Licensee, revoke this license at any time by giving written notice thereof to the Licensee, if the Licensee shall use or attempt to use said facility for any other or different purpose than above specified, or if the Licensee shall violate or breach any of the following terms and conditions: 1. The Licensee will procure all necessary public authority for the construction, installation, maintenance and use of said facility, and in addition to the requirements of this license, will construct, install, maintain and use said facility in conformity with all requirements of public authority. 2. The Licensee will pay all taxes and assessments that may be levied or assessed upon or against said facility, or upon or against the premises or property of the Company because of the construction, installation and maintenance of said facility as herein provided for; and in the latter case, the Company shall render to the Licensee a bill for the proportion of taxes or assessments levied or assessed because of the presence of said facility upon its premises, and the Licensee will promptly pay the same. 3(a). Said facility shall be constructed, installed and maintained by and at the expense of the Licensee, in a m r satisfactory to the Company. Construction of telephone, telegraph and other communication wires or cables sh imply with specifications of the Association of American Railroads. Construction of electric light, power or trolley lines shall comply with specifications of the American Railway Engineering Association, except as modified by said Exhibit "A". (b). If, in the judgement of the Company, it shall be necessary to provide protection, including flagging or support (or both) for its tracks and property during the work of construction, installation or maintenance of said facility, the Company shall have the right to furnish such protection or support (or both) and the Licensee will promptly pay the entire cost thereof. (c). All material and workmanship pertaining to the construction, installation or maintenance of said facility shall be subject to the inspection and approval of the Company. (d). The Company shall have the right at any time to judge the necessity of repairs to said facilities, and in the event the Licensee shall fail within ten (10) days after receipt of written notice to make such repairs as the Company deems necessary, the Company may at its election revoke this license or make such repairs. The Company shall have the right to make emergency repairs to said facility in the event the Company deems such repair necessary for the safety of its tracks or property. The Licensee will promptly reimburse the Company for the cost and expense of all repairs to said facility made by the Company. Pat 2476.1 Form 2976•Page 2 (Rcvued 1991) (e): If at any time it shall be necessary in the judgement of the Company to change the location, elevation or method of construction or installation of said facility, such change will be made by the Licensee, at its sole expense, and in the manner requested by the Company, within thirty (30) days after receipt of written notice thereof from the C )any. 4. If at any time the Company shall deem it necessary to change, alter or rearrange any of the tracks, electrical conductors, poles, wires, appurtenances, structures or other facilities located upon, over or across the right of way or property of the Company because of the construction, installation, maintenance, or use of said facility, the Licensee will promptly pay to the Company the entire cost and expense of making any such change, alteration or rearrangement. 5. The Company shall have the right to use, occupy and enjoy its tracks and property, or permit rmit the use or occupancy thereof by others, for such purposes, in such manner, and at such times as the Company shall desire, the same as if this instrument had not been executed by it. If any such use shall necessitate any change in the location or construction of said facility, or any part thereof, such change shall be made by the Licensee, at its own cost and expense, upon demand of the Company, and the Company shall not be liable to the Licensee on account thereof, or on account of any damage growing out of any use which the Company may make or permit to be made of its said tracks and property. As an alternative to changing the location or construction of the facility, the Company may request the Licensee to disconnect said facility during the period of the Company's construction. The costs of any Licensee personnel that the Licensee deems necessary to observe or inspect such construction shall be borne by the Licensee. 6. 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 to occupational health and safety; and Licensee agrees to indemnify and h� armless the Company from any and all claims, demands, lawsuit, or liability for loss, fines, damage, injury, ai ath 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. 7. It is understood and agreed 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 risk thereof. Therefore, the Licensee assumes and agrees to protect, indemnify and save harmless the Company, its officers, agents. employees, invitees and other licensees, from and against any and all claims, demands, suits, liability and expense by reason of loss or damage to any property whatsoever or injury to or death of any person whomsoever, from any cause whatsoever, arising or growing, directly or indirectly (1) out of the construction, installation, maintenance, renewal, existence, use or removal of said facility, (2) out of any defect in said facility or any failure thereof, (3) out of any act or omission of the Licensee, its officials, agents or employees while on or about the right of way or property of the Company or while working on or using said facility, or (4) out of the failure of the Licensee, its officials, agents or employees to abide by or comply with any of the terms or conditions of this license, even though such loss, damage, injury or death may have been caused or contributed to by the operation of the Company's railroad or by the condition of its property. The Licensee will also indemnify and save harmless the Company, from all liability for damages sustained by the Licensee by reason of want or failure at any time of title on the part of the Company to an or any part of the premises upon or across which the facility is located. 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 acquiescence by the Company in or to act or omission, shall neither be considered to relieve the Licensee of any obligation assumed by it under this paragraph nor be considered to be a waiver or release by the Company of any rights granted to it under this paragraph. Para 2776-2 Form 2976-Page 2 (Armed 1991; ' (e). If at any time it shall be necessary in the judgement of the Company to change the location, elevation or method of construction or installation of said facility, such change will be made by the Licensee, at its sole expense, and in the manner requested by the Company, within thirty (30) days after receipt of written notice thereof from the y. 4. If at any time the Company shall deem it necessary to change, alter or rearrange any of the tracks, electrical conductors, poles, wires, appurtenances, structures or other facilities located upon, over or across the right of way or property of the Company because of the construction, installation, maintenance,,or use of said facility, the Licensee will promptly pay to the Company the entire cost and expense of making any such change, alteration or rearrangement 5. The Company shall have the right to use, occupy and enjoy its tracks and property, or permit the use or occupancy thereof by others, for such purposes, in such manner, and at such times as the Company shall desire, the same as if this instrument had not been executed by it. If any such use shall necessitate any change in the location or construction of said facility, or any part thereof, such change shall be made by the Licensee, at its own cost and expense, upon demand of the Company, and the Company shall not be liable to the Licensee on account thereof, or on account of any damage growing out of any use which the Company may make or permit to be made of its said tracks and property. As an alternative to changing the location or construction of the facility, the Company may request the Licensee to disconnect said facility during the period of the Company's construction. The costs of any Licensee personnel that the Licensee deems necessary to observe or inspect such construction shall be borne by the Licensee. 6. 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 to occupational health and safety; and Licensee agrees to indemnify and mess the Company from any and all claims, demands, lawsuit, or liability for loss, fines, damage, injury, each 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. 7. It is understood and agreed 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 risk thereof. Therefore, the Licensee assumes and agrees to protect, indemnify and save harmless the Company, its officers, agents, employees, invitees and other licensees, from and against any and all claims, demands, suits, liability and expense by reason of loss or damage to any property whatsoever or injury to or death of any person whomsoever, from any cause whatsoever, arising or growing, directly or indirectly (1) out of the construction, installation, maintenance, renewal, existence, use or removal of said facility, (2) out of any defect in said facility or any failure thereof, (3) out of any act or omission of the Licensee, its officials, agents or employees while on or about the right of way or property of the Company or while working on or using said facility, or (4) out of the failure of the Licensee, its officials, agents or employees to abide by or comply with any of the terms or conditions of this license, even though such loss, damage, injury or death may have been caused or contributed to by the operation of the Company's railroad or by the condition of its property. The Licensee will also indemnify and save harmless the Company, from all liability for damages sustained by the Licensee by reason of want or failure at any time of title on the part of the Company to all or any part of the premises upon or across which the facility is located. 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 teik conditions of this Agreement to be performed by the Licensee, Ind the acquiescence by the Company in or to act or omission, shall neither be considered to relieve the Licensee of any obligation assumed by it under this paragraph nor be considered to be a waiver or release by the Company of any rights granted to it under this paragraph. Para 2rt6-2 Porto 2976-Pace 4AA (Revved 1991) • IN WITNESS WHEREOF, this instrument is executed at Chicago, Illinois, this day of 19 ATTEST CHICAGO AND NORTH WESTERN RAILWAY COMPANY By By Assistant Secretary Chief Engineer Construction and Public Works Pursuant to authority granted by resolution of the of the adopted The undersigned, the r ictn,; ;, mc.ti ,;,u► in die foregoing license, ACCEPTS the same subject to the terms and conditions therein stated. Attest: CITY OF ELGIN oy Title By Title (Seal) tona 2976-4AA __..........i, .C.- • 1 . aJ _ FACTOIiR`� z WATCH • aii: I 6 ix. al -9 8 7 sI cri16 W I - - 53 + 34 �' j •> 1 . X - ....bip-- 1 _ h -� _ - ul - • ."o'"t-9 1---.7....7.7.'.74.. _ ; _ . ' O ELGIN JCT. - .-7..,....-:--- • .14,,, VE � I , i.. _ . • 52 + 73 ..0 - i FORtS I MVL ' } ` 3 `. Jt j 9 ! III I M 10 _ 7 • L--`e 1 \t',..i •I I Z _ cc Q, p= 43' -�.1 _ • . -1 • \4.1 1-'e- \ -. : -7_ : 1 I _ W t0, __ E9 _ �j 18 • IT _ 8aro -22 _..-Si — _ 20 _ _ 9 ) : t :G .-� MSE OF M0. fro,/ 'A r 54' MINIMUM ' 3' MINIMUM t-ELECTRICAL CONDUIT 7 SECTION - NOT TO SCALE - LOOKING NORTHERLY . C. & N.W. RY. CO. EAST ELGIN, ILLINOIS UNDERGROUND CROSSING OF C.&N.W. RAILWAY CO. EXHIBIT " Al" TRACK WITH TWO ELECTRICAL CONDUITS BY THE CITY OF ELGIN, ILLINOIS OFFICE OF ENGINEERING SERVICES - CHICAGO. ILLINOIS JUNE 2, 1994 SCALE: AS SHOWN JULY,2007 IN REVIEWING THIS FILE, IT WAS DETERMINED THAT AN EXECUTED COPY OF THE AGREEMENT LISTED BELOW WAS NEVER RETURNED TO THE CLERK'S OFFICE. ALL THAT IS AVAILABLE IS THE ATTACHED DRAFT COPY OF THE AGREEMENT AND ITS SUPPORTING PAPERWORK. REFERENCE: RESOLUTION NOS. 94-183 THROUGH 94-186 SUBJECT: LICENSE AGREEMENTS WITH CHICAGO AND NORTH WESTERN RAILWAY COMPANY FOR VARIOUS CONTRUCTION RELATED PROJECTS FOR NATIONAL STREET AND WALNUT AVENUE _ SPEED MESSAGE TO FROM Pit/V 5,0\4,) ..,\.7, ,,,* /11..Q.c.....,..— iUBJEGT a' 4.47 "LtLe,,,,,,Vre---' - _, ^ `. A-7 DATE l.S - 7/ ti C' r . F f20-4--,a_i2 4)/vS 76(40 V ft: 411,--N__)2_0 /7LA ,)QA,r,y‘g' ,(2 ' Cit/....):11-er' .0 .4._,I,--- set122{,x_47 (.- 7 6-4A-0 (Afi,tAA/Lt r, cs- _ :/2/2,e,4„,.- 66-0y, 2f ..-91--e ZZ -71,6 ()°"‘i i7-)11v. 4.1'1 GILO : 4026a-6444,4e,);,73Z/Li (;) 7-4 A•°' 1.16) 4- 1) /<'W Ceb,va tit_. VIAJL124 • . SIGNED /7e21A ' . W+I.oflJOM$•GrbonNp•MADE IN USA H-000 Dugiub DUPLICATE • •