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Home My WebLink About94-184 0- Resolution No. 94-184 RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT FOR AN ELECTRIC LINE WITH THE CHICAGO AND NORTH WESTERN RAILWAY COMPANY (West 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 Walnut Avenue, 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 Form 2.76-Pape I r { e c f- / L CHICAGO AND NORTH WESTERN RAILWAY COMP C ^I'I'Y OF EI.GIN ANY (hereinafter called "Company"), hereby licenses (hereinafter called "Licensee"), subject to the terms and conditions hereinafter set forth, to 4 ruct, install, maintain and use an electric line (hereinafter called "facility"), and property and under the track of the Company at Walnut Avenue in West gin,uIllinois purpon and suant tooss erequest of way right of Licensee and in accordance with the plan and in the location shown in yellow on map dated June 2, 1994the hereto, made a part hereof and marked Exhibit "A", for the sole purpose attached potentials not to exceed 240 volts for power and lighting. of conveying electric current at nominal The Company may, at its option and without liability to the Licensee, revoke this license at any time iving 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 said facility in conformity with all requirements of public authority. use 2. The Licensee will pay all taxes and assessments that may be levied or assessed upon or against facility, or upon or against the premises or propertyg said 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 Licen a bill for the proportion of taxes or assessments levied or assessed because of the presence of said facilit u ns� premises, and the Licensee will promptly pay the same. y po its 3(a). Said facility shall be constructed, installed and maintained by and at the expense of the Licensee, in ma satisfactory to the Company. Construction of telephone, telegraph and other communication wires or cables sha ,mply with specifications of the Association of American Railroads. Construction of electric light, power trolley lines shall comply with specifications of the American Railway Engineering Association, except as modified or 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 maintenanc f said acuity, the Company shall have the right to furnish such protection or support (or both) and the Licensee ' •romptly pay the entire cost thereof. will (c). All material and workmanship pertaining to the construction, installation or maintenance of said facilit be subject to the inspection and approval of the Company. y (d). The Company shall have the right at any time to judge the necessity of repairs to said cilities, and in e event the Licensee shall fail within ten (10) days after receipt of written notice to make such are airs as the •mpany deems necessary, the Company may at its election revoke this license or make such repairs. P all have the right to make emergency repairs to said facility in the event the Company The Company •r the safety of its tracks or property. The Licensee will promptly reimburse the Company deems such repair andecessnry all repairs to said facility made by the Company. for the cost expense 2976-1 ,orm 2976'-Part 3 ' Rcvme i 1981) ' 8. The Licensee shall remove all debris, material, false work and the like, caused by or used during the y n lion, installation or maintenance of said facility, from the right of way and property of the Company in a na satisfactory to the Company. 9. The Company shall have the right to revoke this license at any time by giving thirty (30) days written notice thereof to the Licensee. The Licensee shall have the right to terminate this lir-Prise at any time by giving thirty (30) days written notice thereof to the Company. Any notice to be given under this license shall be in writing and may be served by delivering it, or a true copy thereof, to the other party or its general operating or engineering officers, or by depositing the same in a United States Post Office, enclosed in an envelope addressed to such party at its last known post office address with the postage thereon prepaid. At the expiration of the time limited by any revocation or termination notice, or upon termination of this license in any other manner, the Licensee will, at its own expense promptly remove said facility from the right of way and property of the Company, or from above the right of way and property of the Company as the case may be, and will restore the Company's right of way and property to a condition satisfactory to the Company. Upon default of the Licensee so to do, the Company shall have the right to remove said facility and to restore its right of way and property and the Licensee will promptly reimburse the Company for the cost and expense of so doing. 10. 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, not withstanding any such waiver. 11. This license is personal to the Licensee, and is not assignable or transferable without the written consent of t1,o Company first obtained; provided, however, that in case of any assignment, passing or transfer of ownership of facility without the Company's written consent to said assignment, the Licensee and the new user or owner shall both be jointly and severally liable to the Company under all of the terms and conditions hereof and this license shall be deemed a joint license to said parties, revocable forthwith by written notice which the Company at its option may serve upon said parties 12. The benefits of this license shall accrue to the Company, its successors and assigns. In accepting this license the Licensee covenants and agrees to perform and to be bound by all of the terms and conditions hereof to be performed by the Licensee, even though the performance thereof may not be required by the Company until after the revocation or termination of this License. 13. All property of whatsoever kind and nature in which the Company has a leasehold interest or which is used by the Company wholly or in part regardless of ownership thereof, shall for the purpose of this agreement be deemed property of the Company and be owned by the Company. 14. In case any of the terms or provisions of this license have been performed or carried out prior to the actual date of execution hereof, it is understood and agreed that this license shall nevertheless be of the same force and effect as though same had been executed by the parties prior to such performance. Pen •3 I - . .. 2976-Pape 3 8. The Licensee shall remove all debris, material, false work and the like, caused by or used during the ion, installation or maintenance of said facility, from the right of way and property of the Company in a . I atisfactory to the Company. 9. The Company shall have the right to revoke this license at any time by giving thirty (30) days written •tice thereof to the Licensee. The Licensee 0)211 have the right to terminate this license at any time by giving thirty I) days writes notice thereof to the Company. Any notice to be given under this license shall be in writing and .y be served by delivering it, or a true copy thereof, to the other party or its general operating or engineering fficers, or by depositing the same in a United States Post Office, enclosed in an envelope addressed to such party its last known post office address with the postage thereon prepaid. At the expiration of the time limited by any ocation or termination notice, or upon termination of this license in any other manner, the Licensee will, at its own ,xpense promptly remove said facility from the right of way and property of the Company, or from above the right ,f way and property of the Company as the case may be, and will restore the Company's right of way and property ,o a condition satisfactory to the Company. Upon default of the Licensee so to do, the Company shall have the right o remove said facility and to restore its right of way and property and the Licensee will promptly reimburse the 2.ompany for the cost and expense of so doing. 10. The waiver of a breach of any of the terms or conditions hereof shall be limited to the act or acts onstituting such breach and shall never be construed as being a continuing or permanent waiver of any such terms Dr conditions, all of which shall be and remain in full force and effect as to future acts or happenings, not withstanding any such waiver. 11. This license is personal to the Licsee, and is not assignable or transferable without the written consent Df tr- ^Impany first obtained; provided, however, that in case of any assignment, passing or transfer of ownership of s icility without the Company's written consent to said assignment, the Licensee and the new user or owner shall both be jointly and severally liable to the Company under all of the terms and conditions hereof and this license shall be deemed a joint license to said parties, revocable forthwith by written notice which the Company at its option may serve upon said parties 7^,• "- 12. The benefits of this license shall accrue to the Company, its successors and assigns. In accepting this license the Licensee covenants and agrees to perform and to be bound by all of the terms and conditions hereof to be performed by the Licensee, even though the performance thereof may not be required by the Company until after the revocation or termination of this License. 13. All property of whatsoever kind and nature in which the Company has a leasehold interest or which is used by the Company wholly or in part regardless of ownership thereof, shall for the purpose of this agreement be deemed property of the Company and be owned by the Company. 14. In case any of the terms or provisions of this license have been performed or carried out prior to the actual date of execution hereof, it is understood and agreed that this license shall nevertheless be of the same force and effect as though same had been executed by the parties prior to such performance. Pars 3 Porn 2976-Page 4M (Reined 19911 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 �:;;,,;;,� ;,,,.,,;,,,11w in the foregoing license, ACCEPTS the same subject to the terms and conditions therein stated. Attest: CITY OF ELGIN By Title By (Seal) Title � 0 . cdp....--------- a at, N. "7/_ 2222 + 10 teo �/ c cm; r • ArL__,,,..-----.7:00.04\ el o II N. £, T + ear q - O •G; --rs��'S 1+0.tc+r��,.; Illri t�'�� '41 TO WEST CHICAGO 1.------- f TO BELV a I 7.:34.0.4....;,,,,r." �,- �,.a-�� i I L oLASOLD S tO 1 r-----, i 1 • . ... - .-. '16 ��.• • /65- 71- dl , 11 .11 . Ni o Z ' • d1 • Ni v. j i • I Q I 2221 + 50 I p�.R..iw•Swafcbl ey lLl j 1 4y I 1 I • , —•- - --13 `� . i • /_°� a i F! • ME Or MA. ,,,,,,, ;7;`;,;;;�,,;;.,,-2,;i),,,,,,,\ I 54• MINIMUM ,, - - T - - - { + F- - 3' MINIMUM t t—ELECTRICAL CONDUIT — — SECTION - NOT TO SCALE - LOOKING NORTHERLY C. & N.W. RY. CO. WEST ELGIN, ILLINOIS UNDERGROUND CROSSING OF C.&N.W. RAILWAY CO. EXHIBIT "A" TRACK WITH TWO ELECTRICAL CONDUITS BY THE CITY OF ELGIN, ILLINOIS OFFICE OF ENGINEERING SERVICES - CHICAGO.ILLINOIS .TUNE 2, 1964 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 FROM ) t TOcteLlq / / ,, ql ,�. 11 _ �� •i� lid / �•/ .,6ti 'A r� _u� �� YHA.EN her�i� k,'i 'r -e sir'.e�w +i Y.p.'"'"'♦ a.b ilJBJECT 'PO vcl'nmradwYdn'ag^ �y„r�,�....,. y , _ •• ( (� L '� ' I�� I •/ I � ( DATE Fk(24a6t-e 4,1 '7(k . c/ /OW J2J0/,7- +a'" • Ay,• Ci ect_O p d6 0 ,/ • - , CQ ,� I • • SIGNED Ait WllsonJones•CUOonlau•MADE IN USA ar-+aao Duplicate .DUPLICATE • Agenda [4 0 ("I — af70 _ c, Item No . \f ..... ;.. ,,,„ , ' July 7 , 1994 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: National Street Reconstruction Chicago and NorthWestern Transportation Co. (CNW) License Agreements PURPOSE This memorandum will provide the Mayor and Council with information to consider the subject License Agreements . BACKGROUND The National Street Improvement project will include three utilitie' , =r '- ---rm ewer and electric cable for street lighting, under the two CNW right-of-way. Chicago and NorthWestern Transportation Company has a main line track crossing Walnut on the west side of the Fox River and a spur line track crossing National on the east side. It is customary to enter into a license agreement with a railroad whenever City utilities transverse their rights-of-way. A copy of each of the four license agreements is attached for your consideration. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The cost of the preparation fee and one time rental charge is $250. 00 for each license agreement. One of the four agreements has been paid for thus leaving $750.00 owed to CNW. There are funds available in the 1994 Capital Improvement Budget for this project under the 1992 Bond Project Fund (392-00-00-795 . 93-80) . 1 National Street Reconstruction CNW July 7, 1994 Page 2 LEGAL IMPACT None. RECOMMENDATION It is recommended that the City Council authorize the City Manager to sign the four License Agreements with the Chicago NorthWestern Transportation Company for the National Street Reconstruction. It is further recommended that the staff be directed to prepare a check in the amount of $750 . 00 as payment for the License Agreements . Respectfully submitted, Richard B. Helwig City Manager JE/do Attachment