HomeMy WebLinkAbout94-186 J "
Resolution No. 94-186
RESOLUTION
AUTHORIZING EXECUTION OF A LICENSE AGREEMENT FOR
A WATER MAIN AND STORM SEWER 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, maintain and use a water main and storm sewer 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
Pam 2me-race 1
Review 1Px+ D Y1 W e S d ,r
LICENSE NO.
'IMAGO AND NORTH WESTERN RAILWAY COMPANY (hereinafter called "Coin
licenses the CITY OF ELGIN Pay") hereby
(hereinafter called "Licensee") to construct, maintain and use a storm sewer
and a water main (hereinafter called "facility") upon the property of the Company
West Bain, Illinois at Walnut Street in the location and position, and in accordance
and under the tracktiat
shown oo map dated June 2, 1994 hereto attached marked Exhibit "A" and, bythis �� the de a part
hereof. reference, made a part
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 PrcitP Diys - $2,000,000 Combined
Liabi ' Ins_uranc Single Limit Occurrence.
• $6,000,000 Aggregate Limitation.
General Liability Insu p:
Personal Injury - $1,000,000 Combined
Property Damage Single Limit Occurrence
Workmen's ComDeflcatjp :
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
of any engines , cars or trains. The Chief Engineerp of the Company or acks of the Company, or the operation thereon
from time b time and to require such changes to be made as will his opinion d shall have e right tot inspect such work
to said facxx'Iity; but anysuch inspectiongdecrease the hazards incident
or required changes or any failure to so inspect, or to require changes
to be made, dull not affect any of the obligations assumed by the said Licensee hereunder.
SECOND. The said Licensee shall bear the cost of all protection, incl
company may require for its tracks or ro �1°'8 flagging, which the
P perty during construction and maintenance hereby authorized and of
all Ts, changes, additions or betterments to said Coin
of If in the judgement of the CompanypanY's track or property made necessary on account
Company shall be necessary to provide support for its tracks during the
work of construction or maintenance the
be paid by the said Licensee PAY will provide such support, and the entire cost thereof will
promptly upon receipt of bill therefore.
Pas 24i61
.
` • Form 2036-Ma 2
Raneed 1993
THIRD. The Licensee shall pay all taxes, general and special, license fees or othe
may become due or which may be assessed against the premises of the Company because of t
existence, operation or use of said facility, the Licensee, or the business conducted in coon(
facility, and shall reimburse the Company for any such taxes, license fees or other charge wh
Company the Company promptly upon the presentation by the of bills therefore.
ofthe Company The said Licensee will give to the Chief Engineer at leas
in writing before entering upon the right of way of the Company for construction purposes, or
of making necessary repairs. The Company.reserves the right to judge of the necessity of
facility, and to require the Licensee to make such repairs upon ten days notice in writing. In
Licensee may enter upon said right of way without the ten days notice above referred to, at
forthwith to make such repairs, and upon failure to do so within ten days, the Company sha
to make said repairs and collect the entire cost thereof from the Licensee. The Company re
in case in its opinion the safety of its tracks or property demands it, to make emergency repair
to the Licensee and to collect the cost thereof from Licensee as herein provided.
ItUTH. Licensee agrees that in the construction, maintenance, and use of the
comply with all applicable laws, including, but not limited to, any laws, standards, regula
requirements relating to environmental pollution or contamination or to occupational health
Licensee agrees to indemnify and hold harmless the Company from any and all claims, dem;
liability for loss, fines, damage, injury, and death and all expenses and costs, including
resulting from or arising out of the construction, maintenance, or use of the facility, include
or emission therefrom or for the violation of any law, standard, regulation, or permit require
environmental pollution or contamination, or to occupational health and safety.
SIXTH. It is understood by the Licensee that said facility is subject to and r
dangers and hazards of the operation of the railroad of the Company, and that this license is sl
thereof. Therefore, and as a material consideration to the Company for entering into this lic
which the Company will not enter same, the Licensee agrees to assume and pay for all lc
pre rry whatsoever. and injury to or death of any person, or persons whomsoever, includ
expenses incident thereto, however arising from or in connection with existence, constructih
repair, renewal, reconstruction, operation, use or removal of said facility, or any defect t
thereof, or the failure of the Licensee or members, officers, agents or employees of the Lice
or comply with any of the terms or conditions of this license; and the Licensee forever
Company against and agrees to save it harmless from all claims, demands, lawsuits or liabi
loss, damage, injury and death, costs and expense, even though the operations of the Compar
have caused or contributed thereto. Notice to or knowledge by the Company of any act or
Licensee which is or might be a breach by the Licarsee of any of the terms or conditions o
to be performed by the Licensee, and the acquiescence by the Company in or to such act c
neither be considered to relieve the Licensee of any obligation assumed by it under this
considered to be a waiver or release by the Company of any rights granted to it under this
SEVENTH. The Company reserves the right to use, occupy and enjoy its tracks, p
of way, for such purpose, in such manner, and at such time as it shall desire, the same as
had not been executed by it. If any such use shall necessitate any change, repair, retie
relocation of said facility, or any part thereof, the Licensee shall perform such work at
Company may approve and if the Licensee fails to do so such work may be performed by the
expense of the Licensee and the said Company shall not be liable to the Licensee on accou
growing out of any use which the Company may make of its tracks, property and right of
In case any of the terms or provisions of this license have been performed or carrie
actual date of execution hereof, it is understood and agreed that this license shall neverthele
force and effect as though same had been executed by the parties prior to such performancf
Pm 2D36-2
•
Foe:xx-Par 3A1
Revised vn
EIGHTH. 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 Company may remove the same and restore its premises, and the Licensee will promptly pay to the
Companythe cost of so doing.
g
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,
lands, 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 mad. t_ _- �, may be necessary to satisfy and discharge any liens for such
special tax or special acctcsment 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
countyin
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
awe and determine with the right of Company to make immediate re-entry and without any further
dbligations or any liability on the part of Company in respect to any payments, setoffs, counter-
dams 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
t,. A.,r any possible use in the future from the construction of the facility or project of which said facility is a part.
•
Firms 2434-Page 4AAA
Arvind 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. 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 ELGIN
ale Title
(Seal)
Title
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` STORY SEWER
" CARRIER PIPE - 12"REINFORCED CONCRETE,CLASS IV,
- __ - - _- - _ - = -- - _ _ _ - 2-114 W.T.. SELL AND SPIGOT JOINTS.
_ • _ CASING PIPE.- 2P LO. STEEL, ASTY A-13f GRADt I
u - _. -= _ =L__ * 0.a0• W.T, JOINTS.
-�--s ..—�.- I.t WELDED
- f . - , i s r Qp , , w,:"11 ; CASING PIPE TO BE .TACKED AND AITIiEREp
1 r 1 r'. .S% •„ . .
3 ; iiii .Q, ,.«z; �� /1 a s eELOw BASE OF RAIL.
I
•°' . / • r Ito rRI$T CR•CAY� WATER MAIN
q a+.W'�►ri �i •- -
1 - — - a CARRIER PIPE - 1Y LD.DUCTILE IRON. CLASS 52,
_lk IL
• •A SAf�.. .�• Ii a 0.37' W.T.46 P.8J..PUSH ON JOINTS.
al•JMM-r. ... .r • I
i .•f,s�! .Mt -.I.I• i 1 . I M CASING PIPE- 24 LD. STEEL, ASTY A•13$GRADE S.
+.1 "�I :!- 0 0.50" W.T., WELDED JOINTS.
1.f*
•-•.,,. ,I � i � v : •S t,�� CASINO PIPE TO BE JACKED AND AU(IERED
I3 I i .� �i !�f NC BELOW BASE OF RAIL
I
1 • /c � �
Q \ . 1ZIi
C.& N.W.RY.CO.
_.. i WEST ELGIN,ILL NOIS
�Q► 3 I UNDER(ROUND cROsswG of c 11N.w. RAILROAD CO. EXHIBIT "A"
_` " �� q o, TRAC4 WITH A WATER MAIN AND STORM SEWER
j' • , 31, THE CITY Of ELGIN.ILUNOIB
.1 OFFICE OFENGINEERING SERVICES -CHICAGO.ILLINOIS APPROVED
` qua IR 1104 SCALE.As SHOW
MOOR SNGIRECIE
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SEALE — I
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.
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
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