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HomeMy WebLinkAbout95-205 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 IT'S SUPPORTING PAPERWORK. REFERENCE: RESOLUTION NO. 95-205 SUBJECT: RIGHT OF ENTRY AGREEMENT WITH THE COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY FOR REPAIRS AND IMPROVEMENTS AT THE METRA CHICAGO STREET STATION SPEED MESSAGE FO , FROM if1,1/1 CX.-‹; 9 7/- ,-- _ ' f SUBJECT__414fttgewjevt,'L 12ti wc,,,/6-{L,__ /21 -r , DATE 9/, 79r - _ . I.-- ‘(-1/e-d, 1A: Z.;“ Z' ti .<, , 91.--' „....C.2.--: — _E;:•-, _ ---ex..-- --,---- ,<-.' ILIZ-- ..;Aa. -e.i.' .., _. C*1.4 / i / ,"\--t! L.,--k---V:-4.- ‹.-,-- ,,../ r ii /1' . _ /. _ . /5,;- : ,-7/ . SIGNED WilsonJones•CarboxE,; A AL;,; DUPLICATE 44-90(1 Oupcat6 Resolution No. 95-205 RESOLUTION AUTHORIZING EXECUTION OF A RIGHT-OF-ENTRY AGREEMENT MILWAUKEE DISTRICT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, be and is hereby authorized and directed to execute a Right-of-Entry Agreement Milwaukee District on behalf of the City of Elgin with the Commuter Rail Division of the Regional Transportation Authority to permit repairs and improvements at the Metra Chicago Street station, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: September 27, 1995 Adopted: September 27 , 1995 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RIGHT-OP-ENTRY AGREEMENT MILWAUKEE DISTRICT THIS AGREEMENT, made this day of , 1S by and between the Commuter Rail Division of the Regional Trans tation Authority (hereafter called "Metra") and City of E (hereafter called the "Indemnitor") . PRELIMINARY STATEMENT The Indemnitor desires to enter upon the premises of Metra the purpose of performing riverbank stabilization work. Metra is willing to permit the Indemnitor to enter upon portion of its property for a period of Q days from the effect ye date of this agreement for such purpose upon the terms .ud conditions set forth hereafter; In consideration of the mutual promises hereinafter set for' h, it is agreed as follows: 1. Metra hereby agrees to permit the Indemnitor to en er upon its property in the vicinity of the Chicago Street Station in Elgin, Illinois. 2. The Indemnitor agrees to reimburse Metra for all co is and expenses in connection with the use of Metra's equipment nd personnel incurred as a direct result of the Indemnitor's use of equipment and personnel while on Metra's premises. 3. The Indemnitor hereby assumes and agrees to RELEA•E, ACQUIT, WAIVE ANY RIGHTS AGAINST AND FOREVER DISCHARGE Metra, 'he Regional Transportation Authority (hereafter referred to as RT. ) , and the Northeast Illinois Regional Commuter Railroad Corporat on (hereafter referred to NIRCRC) , their directors, administrato . s, officers, employees, agents, successors, assigns and all of er persons, firms and corporations from and against any and - 11 claims, demands or liabilities imposed upon them by law or otherwise of every kind, nature and character on account of personal injuries, including death at any time resulting therefr.m, and on account of damage to or destruction of property arising f . om any accident or incident which may occur to or be incurred by 'he Indemnitor, its employees, officers, agents and all other pers.ns acting on its behalf while on Metra's property. 4. The Indemnitor agrees to indemnify and hold harml=ss Metra, the RTA, the NIRCRC, their directors, officers, agents -nd employees, from and against any and all liabilities, loss s, damages, costs, payments and expenses of every kind and nat re (including attorneys' fees and disbursements) as a result of claims, demands, actions, suits, proceedings, judgments or settlements, arising out of or in any way relating to or occurr ng in connection with the use or conditions of the p: asps usjed pursuant to this Agreement. Metra agrees to notify th ';"r::.emnitpr eft. in writing within a reasonable time of any claim .. which it becomes aware which may fall within this indemnity prc -ic.ion. The Indemnitor further agrees to defend Metra, the RTA, and :.:he NIRCRC, their directors, officers, agents and employees against any claims, suits, actions or proceedings filed against any o _ them with respect to the subject matter of this indemnity provis '.on, whether such claims, suits, actions or proceedings are ri.�'h.tfully or wrongfully made or filed; provided, however, that Metra may elect to participate in the defense thereof at its own expense or may, at its own expense, employ attorneys of its own selection to appear and defend the same on behalf of Metra, the RTA, the NIRCRC, and their directors, officers, agents or employees. The Indemnitor shall not enter into any compromise or settlement of any such claims, suits, actions or proceedings without the consent of Metra, which consent shall not be unreasonably withheld. Notwithstanding anything in this Agreement to the contrary, the indemnities contained in this paragraph shall survive termination of this Agreement. 5. Indemnitor shall contact Metra's Police Communication Center at (312) 322-2800 and Metra's Engineering Department at (312) 322-4145 at least seventy two (72) hours prior to entry upon Metra's property. 6. The Indemnitor agrees that Metra's authorized representa- tive has full authority concerning the operation of the railroad and Indemnitor agrees to comply with his recommendations relative to railroad operations and safety regulations. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers on the day and year first written above. THE COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY By: INDEMNITOR: City of Elgin By: 2 (Eon Agenda Item No . 1‘,1 September 8, 1995 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Metra Chicago Street Station Lot PURPOSE The purpose of this memorandum is to receive approval from the Mayor and members of the City Council to proceed with the improvement project at the Metra Chicago Street Train Station. The approval is two-fold: first, providing $50, 000 matching funds toward METRA Chicago Street parking lot and tree bank improvements; and, second, approving the Metra Right Of Entry Agreement between the City and Metra to allow Davey Tree access to the site to perform tree work between the railroad tracks and the riverbank from Chicago Street to 200 feet south. BACKGROUND In June, 1995 the Metra/Elgin Task Force as part of their report, recommended the renovation of the Chicago Street Train Station parking lot and riverbank area. In July the Mayor and members of the City Council approved the Task Force Report which referenced the $50, 000 matching City funds to be dedi- cated to this project. Five thousand dollars of the funds will be allocated to the riverbank scrub tree removal and the remaining $45,000 will be dedicated to the parking lot renova- tion. The riverbank cleanup project will consist of removing inva- sive, non-native, and dead trees, shrubs and vines based on input from Metra' s Ecologist (report attached) . The remaining native plant material will be trimmed for beautification and to improve sight lines . Mayor and Members of City Council September 8, 1995 Page. pn Staff met with Davey Tree on site to discuss the Ecologist 's report and determine the time frame and cost of the project. The time frame for the project is a maximum two days of work with two days notice prior to start of project . Attached is the price quote for the project. The renovation project will be 'completed in two phases as follows : Phase I : Metra renovates employee lot west of railroad tracks . The Phase I portion of the project is underway and scheduled to be completed about September 22 . One week prior to the completion of Phase I (approximately September 15) Metra will contact the Parks Department to arrange for Davey Tree to complete riverbank tree cleanup prior to the start of Phase II . Phase II : Metra renovates commuter lot east of railroad tracks . The improvements in Phase II are scheduled to begin September 25 and be completed around October 6 . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The following individuals and organizations were contacted and concur with this project: Steve Beyers of the Izaak Walton League, Kathy Lacey, President and Ders Anderson, Board Member of Friends of the Fox River and Robert Lonsdorf of The Open Lands . FINANCIAL IMPACT $50,000. 00 was funded in the Five-Year Financial Plan for 1995 and is available in Account #275-0000-791 . 92-32 Project #37200 for the Metra renovation project. The Davey tree work, not to exceed $10, 000, will be financed equally from the existing tree contract and from the above project amount . The balance of $45, 000 of the project improvement budget would be contrib- uted to METRA toward the parking lot upgrade. LEGAL IMPACT None. • RECOMMENDATION • It is recommended that the Mayor and Members of the City Council approve the Metra Right of Entry Agreement, the Davey r Mayor and Members of City Council September 8, 1995 Page. pn r Tree work, and the $45, 000 contribution to METRA toward park- ing lot improvements at the Chicago Street Station. Respectfully submitted, Monica Bates Director of Parks and Recreation 4)Cb Rog Dahlstrom Planfing Director Richard B. Helwig • City Manager MB/mb _ . -. Li APPLIED ECOLOGICAL SERVICES, INC. ROUTE 3, SMITH ROAD, P.O. BOX 256, BRODHEAD, WI 53520 PHONE: (608) 897-8641, 897-8547 FAX(608) 897-8486 SPECIALISTS IN ENVIRONmENTAL, MANAGEMENT AND RESEARCH 7 August 18, Pat McAtee 1`.1etra FILE COPY 547 W. Jackson Boulevard Chicago. Illinois 60661 Re: Elgin Train Station (95-261) • Dear Mr. McAtee: On August 10, 1995, an ecological assessment of approximately 200 teet of the Fox River bank was made by Applied Ecological Services, Inc. (AES). The area investigated direo-.,y South of East Chicago Street along the western bank of the Fox River and East. t Metra's Elgin Station. The bank consists of steep and heavily disturbed soils. The vegetation is dominated by box elder trees (AcIr neguncoj, mulberry trees (Morus albai, ash (Fraxinus) and catalpa (Catalpa speciosa) on uppt.: slopes, with silver maples (Acer 5accharirums and cotton woods (Populus de:toides) on lower slopes. Beneath the tree canopy, in most areas, is a dense subcanopy of non-native shrubs, such as .buckthorn rik (Rnamnw; catnarticus) and honeysuckles (Lonicera sp.). this dense subcanopy has shade suppressed ground cover species, vvnicn are absent or scattered in iignt gaps. • It is Applied Ecological Services, Inc. (AES) understanding that Metra and the Cty of Elgin cesire to beautify and unit restore approximately 200of the bank South of East Chicago Street. Tree and shrub removal will be necessary to reduce non-native species and increase iignt levels to support ground cover species. AES recommends the removal of some box elder, mulberry, catalpa and smaller ash trees along with removal and herbicide application (GariOn 4) to cut stumps of buckthorn, honeysuckle and Norway maple (Acer platanoidts). • Most dead standing elm trees should also be removed. No stump removal of any woody vegetation should occur. Increased light levels realized from tree and shrub removal, with some reseeding of co%•er n.2:;.• ST". "'a —' -a Tt the areas will also allow for a better.view of the river. Tne overall goal(s) of the project are to restore and stabilize me Fox River bank as well as, provide an increased view of the Fax River for residents of Elgin. No permits are required tor the tree ar.d shrub removal as long as stumps remain in place and no maior soil disturbance occurs. Sincerely, John L. ...arson, Ph.D. Research and Consulting Ecologist • •:‘,sup.a4sNr.s_ risuirip.s -AouAri:.• ws-rsass.ANO TERRiSTRiA;,;.!,;SOLdhiC.::,MANAGEMENT - nr,•LaIrr.ki .3';,^*r Cu en:'..!Ain -o4PA,:r 09107/199.3 1 : 29 708-426—e5E, DA'..,Ey TREE & CO P;-,GE eu • • 589 Rock Road Drive CDAvEy . East Dundee, It. 6011$ Phone: 426-8889 Fax: 426-8558 TREE AND LAWN BEAUTY September 7, 1995 City of Elgin 31 Fountain Square Plaza Elgin, Illinois 60120 Attn: Jim Shepard Re: Metra Project Dear Jim. This is to confirm that the cost of removal of the trees on the west River bank at the Metra Station would not exceed $10,000.00. This would include clean up and removal of all debris. Sincerely , rTHE DAVEY TREE EXPERT COMPANY Steven L. Norwick Sales Representative SLN:ju •