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Home My WebLink About94-185 k3 Resolution No. 94-185 RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT FOR A WATER MAIN AND STORM SEWER 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, maintain and use a water main and storm sewer 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 kaimea"3 LICENSE NO. EfICAGO AND NORTH WESTERN RAILWAY COMPANY (hereinafter called "Company") licenses the CITY OF ELGIN ICY") hereby (hereinafter called "Licensee") to construct, maintain and use a storm sewer and a water main (hereinafter called "facility,") upon the propertyof the Company parry and under the track at East Elgin, Illinois at National Street in the location and position, and in accordance with the specifications shown on map dated June 2, 1994 hereto attached marked Exhibit "A" and, by this reference, made a part hereof. The foregoing license is 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: The licensee will require all contractors performing work on or adjacent to the Company's right-of-way to furnish to the Company a railroad Protective Liability Insurance Policy written in name of railroad company and to carry regular Public Liability and Property Damage Insurance, and having limits of liability not less than the following: Railroad Protective - $2,000,000 Combined LiabilityInsurance ce Single g Limit Occurrence. $6,000,000 Aggregate Limitation. General Liability Insurance: Personal Injury - $1,000,000 Combined Property Damage Single Limit Occurrence Workmen's Compensation Employee Injuries - Statutory Employer's Liability - $ 100,000 Evidence of said insurance coverage shall be furnished to the Company Engineering Services at 165 N. Canal Street, Chicago, Illinois 60606, for approval, and no work shall be performed nor shall the Licensee's contractor be permitted to enter upon the Company's right-of-way until insurance coverage has been approved by the Company. 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, ereon of any engines , cars or trains. The Chief Engineer of the Company or the inspectoperc suchon work shall have the right to 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, to be made, 'ball not affect any of the obligations assumed by the said Licensee hereunder. require changes AND. The said Licensee shall bear the cost of all protection, 'includingall flagging, company may require for its tracks or property during construction and maintenance hereby and of 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 's tracks during the of construction or maintenance the Company will provide such support, and the entire cost thereof will tx, paid by the said Licensee promptly upon receipt of bill therefore. Pam 21 Rana 2O36-Pace 2 iersed 1993 • TBIRD. The Licensee shall pay all taxes, general and special, license fees or other charges which --y become due or which may be assessed against the premises of the Company because of the construction, stence, 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 Company promptly upon the presentation by the Company of bills therefore. FOURTH. The said Licensee will give to the Chief Engineer of the Company at least ten days notice in writhe 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, aid 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. FIim. 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 hold 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 attorney's 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 ,--;ers and hazards of the operation of the railroad of the Company, and that this license is subject to all risks eof. Therefore, and as a material consideration to the Company for entering into this license and without which the Company will not enter same, the 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 expenses incident thPro",', __-" _ :-- :^.� fr= 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 all claims, demands, lawsuits or liability for any such loss, damage, injury and death, costs and expense, even though the operations 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 acquiescence by the Company in or to such 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. 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 bean 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 Company at the expense of the Licensee and the said Company shall not be liable to the Licensee on account of any damage growing out of any 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 out prior to the 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. Pan 2Q16-2 • Aria tax.Past 3AD Imbed l9S'1 EIGHTS. The Company shall have the right at any time to revoke this license by giving thirty (30) days notice in writing to the Licensee and at the expiration of the time limited by said notice 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 Cowpony 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 consideration of the Company's giving to the Licensee the rights and privileges above specified without any charge therefore, 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 upon Company's properties for the construction or use of the improvement of which said facility is a part; and, the Licensee hereby forever indemnifies Company against and agrees to save Company harmless from any and all claims, Hands, lawsuits or liability whatsoever for any such special tax or special assessment. If notwithstanding 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 rr:zse 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 erase 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, counter- claims, recoupment, crossbills or cross demand. 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 r any possible use in the future from the construction of the facility or project of which said facility is a part. Fens 24136•Pace AAA ieried 1991 In Witness Whereof this instrument is executed 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 CITY OF ELGIN, arinptM The undersigned, the Licensee mentioned in the foregoing license, hereby accepts the same subject to the terms and conditions therein stated. ATTEST: CITY OF ELGIN B.. By (Seal) de Title Pena 2036.4AAA „......._____________________J i . RAYMOND ST I STOM • A RM SEWER • 17 I CARRIER PPE - 15”REINFORCED CONCRETE. CLAM iv, 0 OG 2 4 s -, 2• W.T.,SELL AM)SPIGOT JOINTS, 4. ai I _ .. W {iL a ur CASINO PIPE - 24"LD. STEEL. ASTM A-120 GRADE B. —s 17,3 0.50" W.T.. WELDED JOINTS. ATCH Yu.SO • o:s ` FACT .i L - CASING PIPE TO SE JACKED AND AUGERED • • es 4.2. d' >' u I 0'0•BELOW BASE OF RAC. -- _. WATER MAIN • u _ t" �� ~ �1O�°" '� — •. CARRIER PPE - 12"LO. DUCTILE _._. _ �YMON.CLASS 52, .. 0.37" W.T.SO P.S.L.PUSH-ON JOINTS. N I i • CASINO PIPE - 24"LD. STEEL. ASTM A-139 GRADE B, I • Ce 0.50" W.T.. WELDED JOINTS. - _ 1- � i- - ' y�'4 • _ y. to I I11 " CASINO PIPE TO SE JACKED AND AUGERED al • s _ _ 5'0"BELOW BASE OF RAIL • . - -- . Z e-43.4 - _ ., -Q. _ C.& N.W.RY.CO.. �j B I . • ; : - EAST ELOIN.ILLINOIS •• J .. .-. UNDERGROUND CROSSING OF C.$N.W. RAiWAAY CO. EXHIBIT "A" N • Z. Y TRACK WITH A STORM SEINER AND WATER MAIN - - - } BY THE CITY OF ELOIN.ILLINOIS n -_" OFFICE OF°CREEPING SEMICES -CNICAGO.IU.INOIS -� - - ..._• .- _ JIME t,ION 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 /cidt0 $/ lk-ia,) l1 h'0l/.-4-._ • C iUBJECT (r i is r� ,:do . _ 1 , ;' ,,,.. ✓ DATE C/? 1 t_S ` / 1 C/ / I F-G24a,__e /fiAAP 7tik V. ,6r. cli.--1. 12 a,A7•-alLA ,-)0(2.-(71-.12,C CAt_1-111-of 111.-----ji- P-c2 _..4,--,... 62,L12-1AA 4-447 (..- klA_ A111/7 6f-4,1V /,,,,,t,„juv,.a r,,,, , , '=-1( 66°117 ,X--- ..1,-,-...e /1.4'\....- ,1 -7/,6 L.60-1,/, , ',"/*A-- A..Ne,-, Ceb...‘z.„0 ye-ik._, "IAL24 1 SIGNEDlA WlbonJonss•Camonws•MADE IN USA ar-uoo oupima DUPLICATE • •